HB6986 93RD GENERAL ASSEMBLY

LRB093 21256 RAS 47401 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6986

Introduced 02/09/04, by Dan Reitz

SYNOPSIS AS INTRODUCED:

New Act

Creates the Illinois State Fair Foundation Act. Authorizes the Department of Agriculture to create a not-for-profit corporation known as the Illinois State Fair Foundation. Provides for appointment of the Foundation's Board of Directors. Sets forth the purposes, duties, and powers of the Foundation. Authorizes the Department to adopt rules necessary to govern Foundation procedures. Provides for the disposition of funds collected by the Foundation. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning agriculture.

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

Section 1. Short title. This Act may be cited as the Illinois State Fair Foundation Act.

Section 5. Creation of foundation. The General Assembly authorizes the Department of Agriculture, in accordance with Section 10 of the State Agency Entity Creation Act, to create the Illinois State Fair 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: 2 by the President of the Illinois Senate; 2 by the Minority Leader of the Illinois Senate; 2 by the Speaker of the Illinois House of Representatives; 2 by the Minority Leader of the Illinois House of Representatives; and 4 by the Governor. Vacancies shall be filled by the official who made the recommendation for the vacated appointment. The Director of Agriculture shall chair the Board of Directors of the Foundation. No member of the Board of Directors may receive compensation for his or her services to the Foundation.

Section 10. Foundation purposes. The purposes of the Foundation are: to promote and support the Illinois State Fair; to solicit and accept sponsorships or contributions consistent with the stated intent of the donor and the goals of the Foundation; to accept grants for the acquisition, construction, improvement, and development of potential Foundation projects; to solicit and generate private funding and donations to support the Illinois State Fair; and to 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.

Section 15. Organization, powers, and duties of foundation. As soon as practical after the Foundation is created, the Board of Directors shall meet, organize, and designate, by majority vote, a treasurer, secretary, and any additional officers that may be needed to carry out the activities of the Foundation, and shall adopt bylaws of the Foundation. The Department of Agriculture may adopt other rules deemed necessary to govern Foundation procedures.

The Foundation may accept gifts or grants from the federal government, 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 Act and consistent with any requirement of the grant, gift, or bequest. Funds collected by the Foundation shall be considered private funds, except those received from public entities, and shall be held in an appropriate account outside of the State Treasury. The Foundation is authorized to transfer moneys into the Illinois State Fair Fund for use by the Illinois State Fair. Private funds collected by the Foundation are not subject to the Public Funds Investment Act. Foundation procurement is exempt from the Illinois Procurement Code when only private funds are used for procurement expenditures. The treasurer of the Foundation shall be custodian of all Foundation funds. The Foundation's accounts and books shall be set up and maintained in a manner approved by the Auditor General; and the Foundation and its officers shall be responsible for the approval of recording of receipts, approval of payments, and the proper filing of required reports. The Foundation may be assisted in carrying out its functions by personnel of the Department of Agriculture. The Department shall provide reasonable assistance to the Foundation to achieve the purposes of the Foundation. 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 State Fair Foundation shall be subject to financial and compliance audits by the Auditor General in compliance with the Illinois State Auditing Act.

The Foundation shall not have any power of eminent domain.

Section 20. Disclosure to donors of exemption from Public Funds Investment Act. The Foundation must provide a written notice to any entity providing a gift, grant, 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.

Section 99. Effective date. This Act takes effect upon becoming law.