093_HB3507

 
                                     LRB093 02584 AMC 02594 b

 1        AN ACT concerning environmental protection.

 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    Environmental Protection Foundation Act.

 6        Section 5.  Creation of foundation. The General  Assembly
 7    authorizes  the  Illinois Environmental Protection Agency, in
 8    accordance  with  Section  10  of  the  State  Agency  Entity
 9    Creation  Act,  to  create   the   Environmental   Protection
10    Foundation  as  a not-for-profit foundation. The Agency shall
11    file articles of incorporation as required under the  General
12    Not  for  Profit  Corporation  Act  of  1986  to  create  the
13    Foundation.  The  Foundation's  Board  of  Directors shall be
14    appointed as follows: 2 by the President of the Senate; 2  by
15    the  Minority  Leader  of the Senate; 2 by the Speaker of the
16    House of Representatives; 2 by the  Minority  Leader  of  the
17    House  of  Representatives;  and 4 by the Governor. Vacancies
18    shall be filled by the official who made the appointment  for
19    the  vacated  seat  on  the Board. The Director of the Agency
20    shall chair the Board of  Directors  of  the  Foundation.  No
21    member of the Board of Directors may receive compensation for
22    his or her services to the Foundation.

23        Section  10.  Foundation  purposes.  The  purposes of the
24    Foundation are  as  follows:  to  promote,  support,  assist,
25    sustain,   and   encourage   the   charitable,   educational,
26    scientific, and recreational programs, projects, and policies
27    of  the  Illinois Environmental Protection Agency; to solicit
28    and accept aid or contributions consistent  with  the  stated
29    intent  of  the  donor  and  the  goals of the Foundation; to
 
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 1    accept grants for the acquisition, construction, improvement,
 2    and development of potential Foundation projects; to  solicit
 3    and  generate  private  funding  and donations that assist in
 4    enhancing  and  preserving  Illinois'  air,  water  and  land
 5    resources; and to engage generally in other lawful  endeavors
 6    consistent  with the foregoing purposes. The Foundation shall
 7    operate within the provisions of the General Not  for  Profit
 8    Corporation Act of 1986.

 9        Section  15.  Organization,  powers,  and  duties  of the
10    Foundation. As soon as  practical  after  the  Foundation  is
11    created,  the  Board  of  Directors shall meet, organize, and
12    designate, by majority vote, a treasurer, secretary, and  any
13    additional  officers  that  may  be  needed  to carry out the
14    activities of the Foundation, and shall adopt the by-laws  of
15    the  Foundation. The Illinois Environmental Protection Agency
16    may adopt other rules deemed necessary to  govern  Foundation
17    procedures.  The  Foundation  may accept gifts or grants from
18    the federal government, its agencies or officers, or from any
19    person, firm, or corporation,  and  may  expend  receipts  on
20    activities  that  it considers suitable to the performance of
21    its duties under this Act and consistent with any requirement
22    of the grant,  gift,  or  bequest.  Funds  collected  by  the
23    Foundation  shall  be  considered  private funds and shall be
24    held in an appropriate account outside of the State Treasury.
25    The treasurer of the Foundation shall  be  custodian  of  all
26    Foundation  funds.  The Foundation's accounts and books shall
27    be set up and maintained in a manner approved by the  Auditor
28    General   and  the  Foundation  and  its  officers  shall  be
29    responsible  for  the  approval  of  recording  of  receipts,
30    approval of payments,  and  the  proper  filing  of  required
31    reports.  The  Foundation may be assisted in carrying out its
32    functions  by  personnel  of   the   Illinois   Environmental
33    Protection  Agency  on matters falling within their scope and
 
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 1    function. The  Foundation  shall  cooperate  fully  with  the
 2    boards,  commissions, agencies, departments, and institutions
 3    of the State. The  funds  held  and  made  available  by  the
 4    Illinois Environmental Protection Foundation shall be subject
 5    to  financial and compliance audits by the Auditor General in
 6    compliance  with  the  Illinois  State  Auditing   Act.   The
 7    Foundation shall not have any power of eminent domain.

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