093_HB3507eng HB3507 Engrossed 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 30 accept grants for the acquisition, construction, improvement, HB3507 Engrossed -2- LRB093 02584 AMC 02594 b 1 and development of potential Foundation projects; to solicit 2 and generate private funding and donations that assist in 3 enhancing and preserving Illinois' air, water and land 4 resources; and to engage generally in other lawful endeavors 5 consistent with the foregoing purposes. The Foundation shall 6 operate within the provisions of the General Not for Profit 7 Corporation Act of 1986. 8 Section 15. Organization, powers, and duties of the 9 Foundation. As soon as practical after the Foundation is 10 created, the Board of Directors shall meet, organize, and 11 designate, by majority vote, a treasurer, secretary, and any 12 additional officers that may be needed to carry out the 13 activities of the Foundation, and shall adopt the by-laws of 14 the Foundation. The Illinois Environmental Protection Agency 15 may adopt other rules deemed necessary to govern Foundation 16 procedures. The Foundation may accept gifts or grants from 17 the 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 and shall be 23 held in an appropriate account outside of the State Treasury. 24 The treasurer of the Foundation shall be custodian of all 25 Foundation funds. The Foundation's accounts and books shall 26 be set up and maintained in a manner approved by the Auditor 27 General and the Foundation and its officers shall be 28 responsible for the approval of recording of receipts, 29 approval of payments, and the proper filing of required 30 reports. The Foundation may be assisted in carrying out its 31 functions by personnel of the Illinois Environmental 32 Protection Agency on matters falling within their scope and 33 function. The Foundation shall cooperate fully with the HB3507 Engrossed -3- LRB093 02584 AMC 02594 b 1 boards, commissions, agencies, departments, and institutions 2 of the State. The funds held and made available by the 3 Illinois Environmental Protection Foundation shall be subject 4 to financial and compliance audits by the Auditor General in 5 compliance with the Illinois State Auditing Act. The 6 Foundation shall not have any power of eminent domain. 7 Section 99. Effective date. This Act takes effect upon 8 becoming law.