Full Text of HB1272 98th General Assembly
HB1272sam001 98TH GENERAL ASSEMBLY | Sen. Andy Manar Filed: 5/17/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1272
| 2 | | AMENDMENT NO. ______. Amend House Bill 1272 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Illinois State Fairgrounds Foundation Act. | 6 | | Section 5. Creation of Illinois State Fairgrounds | 7 | | Foundation. | 8 | | (a) The General Assembly authorizes the Department of | 9 | | Agriculture, in accordance with Section 10 of the State Agency | 10 | | Entity Creation Act, to create the Illinois State Fairgrounds | 11 | | Foundation. Under this authority, the Department of | 12 | | Agriculture shall create the Illinois State Fairgrounds | 13 | | Foundation as a not-for-profit foundation. The Department | 14 | | shall file articles of incorporation as required under the | 15 | | General Not For Profit Corporation Act of 1986 to create the | 16 | | Foundation. |
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| 1 | | (b) The Foundation's Board of Directors shall be appointed | 2 | | as follows: | 3 | | (1) 2 by the President of the Senate, 1 for a 2-year | 4 | | term and 1 for a 4-year term; | 5 | | (2) 2 by the Minority Leader of the Senate, 1 for | 6 | | 2-year term and 1 for a 4-year term; | 7 | | (3) 2 by the Speaker of the House of Representatives, 1 | 8 | | for a 2-year term and 1 for a 4-year term; | 9 | | (4) 2 by the Minority Leader of the House of | 10 | | Representatives, 1 for a 2-year term and 1 for a 4-year | 11 | | term; and | 12 | | (5) 4 by the Governor, 2 for a 2-year term each and 2 | 13 | | for a 4-year term each. | 14 | | (c) At the expiration of the 2-year terms and the 4-year | 15 | | terms, each successive appointment shall be for a 4-year term. | 16 | | Vacancies shall be filled by the official who made the prior | 17 | | appointment. The Director of Agriculture shall chair the Board | 18 | | of Directors of the Foundation. No member of the Board of | 19 | | Directors may receive compensation for his or her services to | 20 | | the Foundation. | 21 | | Section 10. Foundation purposes. The purposes of the | 22 | | Foundation are: to promote, support, assist, sustain, and | 23 | | encourage the charitable, educational, scientific, and | 24 | | agricultural programs, projects, and policies of the | 25 | | Department of Agriculture and the Illinois State Fair; to |
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| 1 | | solicit and accept aid or contributions consistent with the | 2 | | stated intent of the donor and the goals of the Foundation, | 3 | | including, but not limited to, capital funding for the | 4 | | improvement, maintenance, or construction of buildings and | 5 | | facilities at the Illinois State Fairgrounds located in | 6 | | Springfield and DuQuoin; to accept grants for the acquisition, | 7 | | construction, improvement, and development of potential | 8 | | Foundation projects; to solicit and generate private funding | 9 | | and donations that assist in enhancing and preserving Illinois' | 10 | | agricultural heritage and State Fairgrounds, both in | 11 | | Springfield and DuQuoin, and the infrastructure, including | 12 | | roads, buildings, permanent exhibits, grounds, and facilities | 13 | | at both Fairgrounds; and to engage generally in other lawful | 14 | | endeavors consistent with the foregoing purposes. The | 15 | | foundation shall operate within the provisions of the General | 16 | | Not For Profit Corporation Act of 1986. | 17 | | Section 15. Organization, powers, and duties of the | 18 | | Foundation. | 19 | | (a) As soon as practical after the Foundation is created, | 20 | | the Board of Directors shall meet, organize, and designate, by | 21 | | majority vote, a treasurer, secretary, and any additional | 22 | | officers that may be needed to carry out the activities of the | 23 | | Foundation, and shall adopt bylaws of the Foundation. The | 24 | | Department of Agriculture may adopt other rules deemed | 25 | | necessary to govern Foundation procedures. |
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| 1 | | (b) The Foundation may accept gifts or grants from the | 2 | | federal government, its agencies or officers, or from any | 3 | | person, firm, or corporation, and may expend receipts on | 4 | | activities that it considers suitable to the performance of its | 5 | | duties under this Act and consistent with any requirement of | 6 | | the grant, gift, or bequest. Funds collected by the Foundation | 7 | | shall be considered private funds, except those received from | 8 | | public entities, and shall be held in an appropriate account | 9 | | outside of the State Treasury. Private funds collected by the | 10 | | Foundation are not subject to the Public Funds Investment Act. | 11 | | Foundation procurement is exempt from the Illinois Procurement | 12 | | Code when only private funds are used for procurement | 13 | | expenditures. The treasurer of the Foundation shall be | 14 | | custodian of all Foundation funds. The Foundation's accounts | 15 | | and books shall be set up and maintained in a manner approved | 16 | | by the Auditor General; and the Foundation and its officers | 17 | | shall be responsible for the approval of recording of receipts, | 18 | | approval of payments, and the proper filing of required | 19 | | reports. The Foundation may be assisted in carrying out its | 20 | | functions by personnel of the Department of Agriculture. The | 21 | | Department shall provide reasonable assistance to the | 22 | | Foundation to achieve the purposes of the Foundation. The | 23 | | Foundation shall cooperate fully with the boards, commissions, | 24 | | agencies, departments, and institutions of the State. The funds | 25 | | held and made available by the Illinois State Fairgrounds | 26 | | Foundation shall be subject to financial and compliance audits |
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| 1 | | by the Auditor General in compliance with the Illinois State | 2 | | Auditing Act. | 3 | | (c) The Foundation shall not have any power of eminent | 4 | | domain. | 5 | | Section 20. Disclosure to donors of exemption from Public | 6 | | Funds Investment Act. The Foundation must provide a written | 7 | | notice to any entity providing a gift, grant, or bequest to the | 8 | | Foundation that the Foundation is not subject to the provisions | 9 | | of the Public Funds Investment Act which places limitations on | 10 | | the types of securities in which a public agency may invest | 11 | | public funds. | 12 | | Section 25. The State Commemorative Dates Act is amended by | 13 | | adding Section 175 as follows: | 14 | | (5 ILCS 490/175 new) | 15 | | Sec. 175. Eat Local, Buy Illinois Products Day. The first | 16 | | Saturday of each month is designated as Eat Local, Buy Illinois | 17 | | Products Day to promote local food initiatives, Illinois | 18 | | agribusiness, and to encourage residents to re-invest in the | 19 | | local economy. The Department of Agriculture's Illinois | 20 | | Product Logo Program shall assist in increasing awareness and | 21 | | sales of Illinois food and agribusiness products.
| 22 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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