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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
92_HB0173enr HB0173 Enrolled LRB9201839SMdv 1 AN ACT concerning conservation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Conservation Foundation Act is 5 amended by changing Section 15 and by adding Section 20 as 6 follows: 7 (20 ILCS 880/15) 8 Sec. 15. Organization, powers, and duties of Foundation. 9 As soon as practical after the Foundation is created, the 10 Board of Directors shall meet, organize, and designate, by 11 majority vote, a treasurer, secretary, and any additional 12 officers that may be needed to carry out the activities of 13 the Foundation, and shall adopt bylaws of the Foundation. 14 The Department of Natural Resources may adopt other rules 15 deemed necessary to govern Foundation procedures. 16 The Foundation may accept gifts or grants from the 17 federal government, its agencies or officers, or from any 18 person, firm, or corporation, and may expend receipts on 19 activities that it considers suitable to the performance of 20 its duties under this Act and consistent with any requirement 21 of the grant, gift, or bequest. Funds collected by the 22 Foundation shall be considered private funds, except those 23 received from public entities, and shall be held in an 24 appropriate account outside of the State Treasury. Private 25 funds collected by the Foundation are not subject to the 26 Public Funds Investment Act. Foundation procurement is 27 exempt from the Illinois Procurement Code when only private 28 funds are used for procurement expenditures. The treasurer of 29 the Foundation shall be custodian of all Foundation funds. 30 The Foundation's accounts and books shall be set up and 31 maintained in a manner approved by the Auditor General; and HB0173 Enrolled -2- LRB9201839SMdv 1 the Foundation and its officers shall be responsible for the 2 approval of recording of receipts, approval of payments, and 3 the proper filing of required reports. The Foundation may be 4 assisted in carrying out its functions by personnel of the 5 Department of Natural Resourceson matters falling within6their scope and function. The Department shall provide 7 reasonable assistance to the Foundation to achieve the 8 purposes of the Foundation. The Foundation shall cooperate 9 fully with the boards, commissions, agencies, departments, 10 and institutions of the State. The funds held and made 11 available by the Illinois Conservation Foundation shall be 12 subject to financial and compliance audits by the Auditor 13 General in compliance with the Illinois State Auditing Act. 14 The Foundation shall not have any power of eminent 15 domain. 16 (Source: P.A. 88-591, eff. 8-20-94; 89-445, eff. 2-7-96.) 17 (20 ILCS 880/20 new) 18 Sec. 20. Disclosure to donors of exemption from Public 19 Funds Investment Act. The Foundation must provide a written 20 notice to any entity providing a gift, grant, or bequest to 21 the Foundation that the Foundation is not subject to the 22 provisions of the Public Funds Investment Act which Act 23 places limitations on the types of securities in which a 24 public agency may invest public funds. 25 Section 10. The Public Funds Investment Act is amended 26 by changing Section 1 as follows: 27 (30 ILCS 235/1) (from Ch. 85, par. 901) 28 Sec. 1. The words "public funds", as used in this Act, 29 mean current operating funds, special funds, interest and 30 sinking funds, and funds of any kind or character belonging 31 to or in the custody of any public agency. HB0173 Enrolled -3- LRB9201839SMdv 1 The words "public agency", as used in this Act, mean the 2 State of Illinois, the various counties, townships, cities, 3 towns, villages, school districts, educational service 4 regions, special road districts, public water supply 5 districts, fire protection districts, drainage districts, 6 levee districts, sewer districts, housing authorities, the 7 Illinois Bank Examiners' Education Foundation, the Chicago 8 Park District, and all other political corporations or 9 subdivisions of the State of Illinois, now or hereafter 10 created, whether herein specifically mentioned or not. This 11 Act does not apply to the Illinois Prepaid Tuition Trust 12 Fund, private funds collected by the Illinois Conservation 13 Foundation, or pension funds or retirement systems 14 established under the Illinois Pension Code, except as 15 otherwise provided in that Code. 16 (Source: P.A. 90-507, eff. 8-22-97; 91-669, eff. 1-1-00.) 17 Section 15. The Illinois Procurement Code is amended by 18 changing Section 1-10 as follows: 19 (30 ILCS 500/1-10) 20 Sec. 1-10. Application. 21 (a) This Code applies only to procurements for which 22 contractors were first solicited on or after July 1, 1998. 23 This Code shall not be construed to affect or impair any 24 contract, or any provision of a contract, entered into based 25 on a solicitation prior to the implementation date of this 26 Code as described in Article 99, including but not limited to 27 any covenant entered into with respect to any revenue bonds 28 or similar instruments. All procurements for which contracts 29 are solicited between the effective date of Articles 50 and 30 99 and July 1, 1998 shall be substantially in accordance with 31 this Code and its intent. 32 (b) This Code shall apply regardless of the source of HB0173 Enrolled -4- LRB9201839SMdv 1 the funds with which the contracts are paid, including 2 federal assistance moneys. This Code shall not apply to: 3 (1) contracts between the State and its political 4 subdivisions or other governments, or between State 5 governmental bodies except as specifically provided in 6 this Code. 7 (2) grants, except for the filing requirements of 8 Section 20-80. 9 (3) purchase of care. 10 (4) hiring of an individual as employee and not as 11 an independent contractor, whether pursuant to an 12 employment code or policy or by contract directly with 13 that individual. 14 (5) collective bargaining contracts. 15 (6) purchase of real estate. 16 (7) contracts necessary to prepare for anticipated 17 litigation, enforcement actions, or investigations, 18 provided that the chief legal counsel to the Governor 19 shall give his or her prior approval when the procuring 20 agency is one subject to the jurisdiction of the 21 Governor, and provided that the chief legal counsel of 22 any other procuring entity subject to this Code shall 23 give his or her prior approval when the procuring entity 24 is not one subject to the jurisdiction of the Governor. 25 (8) contracts for services to Northern Illinois 26 University by a person, acting as an independent 27 contractor, who is qualified by education, experience, 28 and technical ability and is selected by negotiation for 29 the purpose of providing non-credit educational service 30 activities or products by means of specialized programs 31 offered by the university. 32 (9) procurement expenditures by the Illinois 33 Conservation Foundation when only private funds are used. 34 (Source: P.A. 90-572, eff. date - See Sec. 99-5; 91-627, eff. HB0173 Enrolled -5- LRB9201839SMdv 1 8-19-99; 91-904, eff. 7-6-00.) 2 Section 99. Effective date. This Act takes effect upon 3 becoming law.