Bill Amendment: IL HB0925 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: MILITARY SERVICE-TECH

Status: 2023-07-31 - Public Act . . . . . . . . . 103-0405 [HB0925 Detail]

Download: Illinois-2023-HB0925-House_Amendment_001.html

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Rep. Stephanie A. Kifowit

Filed: 3/14/2023

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AMENDMENT TO HOUSE BILL 925
AMENDMENT NO. ______. Amend House Bill 925 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Veteran Service Organizations State Charter Act.
Section 5. State charter. A veteran service organization
shall be considered state chartered when the organization
meets all of the requirements listed in this Act and the
organization's application for state charter status has been
approved by the Attorney General.
Section 15. Granting of state charter status. The Attorney
General shall grant state charter status to any organization
that has demonstrated that all requirements for obtaining
state charter status have been met.

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Section 20. State charter requirements. To qualify for
state charter status, a veteran service organization must:
(1) Obtain a legislative endorsement for state charter
status from any currently serving member of the General
Assembly. Endorsements shall remain valid until there is a
revocation of the endorsement or a revocation of the state
charter.
(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) Demonstrate completion of Open Meetings Act
training in accordance with Section 1.05 of that Act by

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providing copies of certificates of completion to the
Public Access Counselor of the Office of the Attorney
General.
Section 25. Application for state charter status. A
veteran service organization may submit an application for
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.
Section 30. Attestation of compliance. Any application for
state charter shall include the following statement, on
organizational letterhead and signed by all officers: "All
officers for (insert lawful organizational name) do hereby
attest that all requirements for a 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, the Military Veterans
Assistance Act, or the Open Meetings 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 state charter status."
Section 35. Issuance of state charter status. The Attorney

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General shall issue a letter granting state charter status
upon review of any completed application that demonstrates
that all requirements for state charter status have been met.
Section 40. Denial of state charter. The Attorney General
shall deny an application for state charter status to any
organization that does not meet all requirements for state
charter status in Section 20. Any organization whose state
charter application has been denied may resubmit that
application once all deficiencies have been corrected.
Section 45. Duration of state charter status. State
charter status shall be valid for 5 years. A veteran service
organization must reapply for state charter status prior to
the expiration of its current state charter status.
Section 50. 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 state charter status no longer meets one
or more of the requirements of Section 20, the Attorney
General may revoke the 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 state charter status based on

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other conduct not specifically listed in this Section.
Section 55. Publication of state chartered veteran service
organizations. The Attorney General shall maintain a publicly
accessible list of state chartered organizations.
Section 60. Violation. It is a violation of Section 9 of
the Military Veterans Assistance Act for any person, group, or
entity to assert state charter status where such status has
not been granted in accordance with this Act or where such
status has been revoked.
Section 65. Enforcement. If the Attorney General has
reasonable cause to believe that there is or has been a
violation of Section 60, then the Attorney General may enforce
this Act in accordance with Section 9.1 of the Military
Veterans Assistance Act.
Section 70. Remedies. A court in its discretion may grant
remedies in accordance with Section 9.2 of the Military
Veterans Assistance Act.
Section 75. The Military Veterans Assistance Act is
amended by changing Sections 9.1 and 9.2 as follows:
(330 ILCS 45/9.1)

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Sec. 9.1. Violations.
(a) If the Attorney General has reasonable cause to
believe that there is or has been a violation of Section 8 or 9
or subsection (a), (b), or (c) of Section 10 of this Act or
Section 60 of the Service Organizations State Charter Act,
then the Attorney General may commence a civil action in the
name of the People of the State to enforce the provisions of
this Act in any appropriate circuit court. The court, in its
discretion, may exercise all powers necessary, including, but
not limited to: injunction; mandamus; revocation; forfeiture
or suspension of any funding, rights, privileges,
responsibilities, or support, as deemed necessary to ensure
compliance; and any other action the court may deem
appropriate.
(b) Prior to initiating a civil action, the Attorney
General shall conduct a preliminary investigation to determine
whether there is reasonable cause to believe that a violation
is being or has been committed and whether the dispute can be
resolved without litigation. In conducting this investigation,
the Attorney General may:
(1) require the individual, group, or entity to file a
statement or report in writing under oath or otherwise, as
to all information the Attorney General may consider
necessary;
(2) examine under oath any person alleged to have
participated in or with knowledge of the alleged

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violation;
(3) issue subpoenas or conduct hearings in aid of any
investigation; or
(4) examine any record, book, document, account, or
paper as the Attorney General may consider necessary.
(c) Service by the Attorney General of any notice
requiring a person to file a statement or report, or of a
subpoena upon any person, shall be made:
(1) personally by delivery of a duly executed copy
thereof to the person to be served or, if a person is not a
natural person, in the manner provided by the Code of
Civil Procedure when a complaint is filed; or
(2) by mailing by certified mail a duly executed copy
thereof to the person to be served at the person's last
known abode or principal place of business within this
State.
(d) Whenever any person fails to comply with any subpoena
issued under this Section or whenever satisfactory copying or
reproduction of any material requested in an investigation
cannot be done and the person refuses to surrender the
material, the Attorney General may file in any appropriate
circuit court, and serve upon the person, a petition for a
court order for the enforcement of the subpoena or other
request.
Any person who has received a subpoena issued under
subsection (b) may file in the appropriate circuit court, and

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serve upon the Attorney General, a petition for a court order
to modify or set aside the subpoena or other request. The
petition must be filed either: (1) within 20 days after the
date of service of the subpoena or at any time before the
return date specified in the subpoena, whichever date is
earlier, or (2) within a longer period as may be prescribed in
writing by the Attorney General.
The petition shall specify each ground upon which the
petitioner relies in seeking relief under this subsection and
may be based upon any failure of the subpoena to comply with
the provisions of this Section or upon any constitutional or
other legal right or privilege of the petitioner. During the
pendency of the petition in the court, the court may stay, as
it deems proper, the running of the time allowed for
compliance with the subpoena or other request, in whole or in
part, except that the petitioner shall comply with any portion
of the subpoena or other request not sought to be modified or
set aside.
(e) In the administration of this Act, the Attorney
General may accept an Assurance of Voluntary Compliance with
respect to any violation of the Act from any person or entity
who has engaged in, is engaging in, or was about to engage in
such violation. Evidence of a violation of an Assurance of
Voluntary Compliance shall be prima facie evidence of a
violation of this Act in any subsequent proceeding brought by
the Attorney General against the alleged violator.

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(Source: P.A. 102-1132, eff. 2-10-23.)
(330 ILCS 45/9.2)
Sec. 9.2. Remedies.
(a) Whenever the Attorney General has reason to believe
that any person, group, or entity is violating, has violated,
or is about to violate Section 8 or 9 or subsection (a), (b),
or (c) of Section 10 of this Act or any provision of the
Service Organizations State Charter Act, the Attorney General
may bring an action in the name of the People of the State
against the person, group, or entity to restrain by
preliminary or permanent injunction the use of any practice
that violates Section 8 or 9 or subsection (a), (b), or (c) of
Section 10 of this Act or any provision of the Service
Organizations State Charter Act. In such an action, the court
may award restitution to recoup the loss of moneys set aside to
provide services to veterans or any other relief that the
court deems proper.
(b) In addition, the court may assess a civil penalty not
to exceed $5,000 for each violation of Section 8 or 9 or
subsection (a), (b), or (c) of Section 10 of this Act or for
each violation of the Service Organizations State Charter Act.
(c) In any action brought under the provisions of Section
8 or 9 or subsection (a), (b), or (c) of Section 10 of this Act
or under the Service Organizations State Charter Act, the
Attorney General is entitled to recover costs.

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(d) If a court orders a party to make payments to the
Attorney General and the payments are to be used for the
operations of the Office of the Attorney General or a party
agrees, in an out-of-court settlement, to make payment to the
Attorney General for the operations of the Office of the
Attorney General, then moneys shall be deposited into the
Attorney General Court Ordered and Voluntary Compliance
Payment Projects Fund. Moneys in the Fund shall be used,
subject to appropriation, for the performance of any function
pertaining to the exercise of the duties of the Attorney
General, including, but not limited to, enforcement of any law
of this State and conducting public education programs.
However, any moneys in the Fund that are required by the court
or by an agreement to be used for a particular purpose shall be
used for that purpose.
(Source: P.A. 102-1132, eff. 2-10-23.)".