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 -2- LRB093 02584 AMC 02594 b 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 -3- LRB093 02584 AMC 02594 b 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.