Full Text of SB2903 98th General Assembly
SB2903eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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. | 17 | | (b) The Foundation's Board of Directors shall be appointed | 18 | | as follows: | 19 | | (1) 2 by the President of the Senate, 1 for a 2-year | 20 | | term and 1 for a 4-year term; | 21 | | (2) 2 by the Minority Leader of the Senate, 1 for a | 22 | | 2-year term and 1 for a 4-year term; | 23 | | (3) 2 by the Speaker of the House of Representatives, 1 |
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| 1 | | for a 2-year term and 1 for a 4-year term; | 2 | | (4) 2 by the Minority Leader of the House of | 3 | | Representatives, 1 for a 2-year term and 1 for a 4-year | 4 | | term; and | 5 | | (5) 4 by the Governor, 2 for a 2-year term each and 2 | 6 | | for a 4-year term each. | 7 | | (c) At the expiration of the 2-year terms and the 4-year | 8 | | terms, each successive appointment shall be for a 4-year term. | 9 | | Vacancies shall be filled by the official who made the prior | 10 | | appointment. The Director of Agriculture shall chair the Board | 11 | | of Directors of the Foundation. No member of the Board of | 12 | | Directors may receive compensation for his or her services to | 13 | | the Foundation. | 14 | | Section 10. Foundation purposes. The purposes of the | 15 | | Foundation are: to promote, support, assist, sustain, and | 16 | | encourage the charitable, educational, scientific, and | 17 | | agricultural programs, projects, and policies of the | 18 | | Department of Agriculture and the Illinois State Fair; to | 19 | | solicit and accept aid or contributions consistent with the | 20 | | stated intent of the donor and the goals of the Foundation, | 21 | | including, but not limited to, capital funding for the | 22 | | improvement, maintenance, or construction of buildings and | 23 | | facilities at the Illinois State Fairgrounds located in | 24 | | Springfield and DuQuoin; to accept grants for the acquisition, | 25 | | construction, improvement, and development of potential |
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| 1 | | Foundation projects; to solicit and generate private funding | 2 | | and donations that assist in enhancing and preserving Illinois' | 3 | | agricultural heritage and State Fairgrounds, both in | 4 | | Springfield and DuQuoin, and the infrastructure, including | 5 | | roads, buildings, permanent exhibits, grounds, and facilities | 6 | | at both Fairgrounds; and to engage generally in other lawful | 7 | | endeavors consistent with the foregoing purposes. The | 8 | | Foundation shall operate within the provisions of the General | 9 | | Not For Profit Corporation Act of 1986. | 10 | | Section 15. Organization, powers, and duties of the | 11 | | Foundation. | 12 | | (a) As soon as practical after the Foundation is created, | 13 | | the Board of Directors shall meet, organize, and designate, by | 14 | | majority vote, a treasurer, secretary, and any additional | 15 | | officers that may be needed to carry out the activities of the | 16 | | Foundation, and shall adopt bylaws of the Foundation. The | 17 | | Department of Agriculture may adopt other rules deemed | 18 | | necessary to govern Foundation procedures. | 19 | | (b) The Foundation may accept gifts or grants from the | 20 | | federal government, its agencies or officers, or from any | 21 | | person, firm, or corporation, and may expend receipts on | 22 | | activities that it considers suitable to the performance of its | 23 | | duties under this Act and consistent with any requirement of | 24 | | the grant, gift, or bequest. Funds collected by the Foundation | 25 | | shall be considered private funds, except those received from |
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| 1 | | public entities, and shall be held in an appropriate account | 2 | | outside of the State Treasury. Private funds collected by the | 3 | | Foundation are not subject to the Public Funds Investment Act. | 4 | | The treasurer of the Foundation shall be custodian of all | 5 | | Foundation funds. The Foundation's accounts and books shall be | 6 | | set up and maintained in a manner approved by the Auditor | 7 | | General; and the Foundation and its officers shall be | 8 | | responsible for the approval of recording of receipts, approval | 9 | | of payments, and the proper filing of required reports. The | 10 | | Foundation may be assisted in carrying out its functions by | 11 | | personnel of the Department of Agriculture. The Department | 12 | | shall provide reasonable assistance to the Foundation to | 13 | | achieve the purposes of the Foundation. The Foundation shall | 14 | | cooperate fully with the boards, commissions, agencies, | 15 | | departments, and institutions of the State. The funds held and | 16 | | made available by the Illinois State Fairgrounds Foundation | 17 | | shall be subject to financial and compliance audits by the | 18 | | Auditor General in compliance with the Illinois State Auditing | 19 | | Act. | 20 | | (c) The Foundation shall not have any power of eminent | 21 | | domain. | 22 | | (d) The Foundation shall be considered a public body under | 23 | | the Prevailing Wage Act. Any project, including but not limited | 24 | | to improvement, maintenance, and construction of | 25 | | infrastructure, that is funded in whole or in part by the | 26 | | Foundation shall be considered a public work as defined by the |
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| 1 | | Prevailing Wage Act. | 2 | | Section 20. Disclosure to donors of exemption from Public | 3 | | Funds Investment Act. The Foundation must provide a written | 4 | | notice to any entity providing a gift, grant, or bequest to the | 5 | | Foundation that the Foundation is not subject to the provisions | 6 | | of the Public Funds Investment Act which places limitations on | 7 | | the types of securities in which a public agency may invest | 8 | | public funds.
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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