93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4082

 

Introduced 1/15/2004, by Jack D. Franks

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 880/5
20 ILCS 880/15
30 ILCS 500/1-10

    Amends the Illinois Conservation Foundation Act. Provides that the Foundation is a not for profit corporation (now foundation) operating within the provisions of the General Not For Profit Corporation Act of 1986. Provides that the Department of Natural Resources may promulgate procedures to govern interaction between the Department and the Foundation. Makes corresponding changes in the Illinois Procurement Code. Effective immediately.


LRB093 15450 RAS 41053 b

 

 

A BILL FOR

 

HB4082 LRB093 15450 RAS 41053 b

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 Sections 5 and 15 as follows:
 
6     (20 ILCS 880/5)
7     Sec. 5. Creation of Foundation. The General Assembly
8 authorizes the Department of Natural Resources, in accordance
9 with Section 10 of the State Agency Entity Creation Act, to
10 create the Illinois Conservation Foundation. Under this
11 authority, the Department of Natural Resources shall create the
12 Illinois Conservation Foundation as a not-for-profit
13 corporation foundation. The Department shall file articles of
14 incorporation as required under the General Not For Profit
15 Corporation Act of 1986 to create the Foundation. The
16 Foundation's Board of Directors shall be appointed as follows:
17 2 by the President of the Illinois Senate; 2 by the Minority
18 Leader of the Illinois Senate; 2 by the Speaker of the Illinois
19 House of Representatives; 2 by the Minority Leader of the
20 Illinois House of Representatives; and 4 by the Governor.
21 Vacancies shall be filled by the official who made the
22 recommendation for the vacated appointment. The Director of
23 Natural Resources shall chair the Board of Directors of the
24 Foundation. No member of the Board of Directors may receive
25 compensation for his or her services to the Foundation.
26 (Source: P.A. 88-591, eff. 8-20-94; 89-445, eff. 2-7-96.)
 
27     (20 ILCS 880/15)
28     Sec. 15. Organization, powers, and duties of Foundation. As
29 soon as practical after the Foundation is created, the Board of
30 Directors shall meet, organize, and designate, by majority
31 vote, a treasurer, secretary, and any additional officers that

 

 

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1 may be needed to carry out the activities of the Foundation,
2 and shall adopt bylaws of the Foundation. As a not for profit
3 corporation operating within the provisions of the General Not
4 For Profit Corporation Act of 1986, the Foundation shall not
5 operate nor be construed as a State agency, public corporation,
6 corporate outgrowth of State government, or body politic and
7 corporate of State government. The Department of Natural
8 Resources may adopt other rules deemed necessary to govern
9 Foundation procedures.
10     Consistent with its status as a not for profit corporation
11 operating under the General Not For Profit Corporation Act of
12 1986, the The Foundation may accept gifts or grants from the
13 federal government, its agencies or officers, or from any
14 person, firm, or corporation, and may expend receipts on
15 activities that it considers suitable to the performance of its
16 duties under this Act and consistent with any requirement of
17 the grant, gift, or bequest. As a not for profit corporation,
18 funds Funds collected by the Foundation shall be considered
19 private funds, except those received from public entities, and
20 shall be held in an appropriate account outside of the State
21 Treasury. As a not for profit corporation, Private funds
22 collected by the Foundation are not subject to the Public Funds
23 Investment Act. As a not for profit corporation, Foundation
24 procurement is exempt from the Illinois Procurement Code when
25 only private funds are used for procurement expenditures. The
26 treasurer of the Foundation shall be custodian of all
27 Foundation funds. The Foundation's accounts and books shall be
28 set up and maintained in a manner approved by the Auditor
29 General; and the Foundation and its officers shall be
30 responsible for the approval of recording of receipts, approval
31 of payments, and the proper filing of required reports. The
32 Foundation may be assisted in carrying out its functions by
33 personnel of the Department of Natural Resources. The
34 Department shall provide reasonable assistance to the
35 Foundation to achieve the purposes of the Foundation, and may
36 promulgate procedures to govern the Department's interaction

 

 

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1 with the Foundation. The Foundation shall cooperate fully with
2 the boards, commissions, agencies, departments, and
3 institutions of the State. The funds held and made available by
4 the Illinois Conservation Foundation shall be subject to
5 financial and compliance audits by the Auditor General in
6 compliance with the Illinois State Auditing Act.
7     The Foundation shall not have any power of eminent domain.
8 (Source: P.A. 92-797, eff. 8-15-02.)
 
9     Section 10. The Illinois Procurement Code is amended by
10 changing Section 1-10 as follows:
 
11     (30 ILCS 500/1-10)
12     Sec. 1-10. Application.
13     (a) This Code applies only to procurements for which
14 contractors were first solicited on or after July 1, 1998. This
15 Code shall not be construed to affect or impair any contract,
16 or any provision of a contract, entered into based on a
17 solicitation prior to the implementation date of this Code as
18 described in Article 99, including but not limited to any
19 covenant entered into with respect to any revenue bonds or
20 similar instruments. All procurements for which contracts are
21 solicited between the effective date of Articles 50 and 99 and
22 July 1, 1998 shall be substantially in accordance with this
23 Code and its intent.
24     (b) This Code shall apply regardless of the source of the
25 funds with which the contracts are paid, including federal
26 assistance moneys. This Code shall not apply to:
27         (1) Contracts between the State and its political
28     subdivisions or other governments, or between State
29     governmental bodies except as specifically provided in
30     this Code.
31         (2) Grants, except for the filing requirements of
32     Section 20-80.
33         (3) Purchase of care.
34         (4) Hiring of an individual as employee and not as an

 

 

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1     independent contractor, whether pursuant to an employment
2     code or policy or by contract directly with that
3     individual.
4         (5) Collective bargaining contracts.
5         (6) Purchase of real estate.
6         (7) Contracts necessary to prepare for anticipated
7     litigation, enforcement actions, or investigations,
8     provided that the chief legal counsel to the Governor shall
9     give his or her prior approval when the procuring agency is
10     one subject to the jurisdiction of the Governor, and
11     provided that the chief legal counsel of any other
12     procuring entity subject to this Code shall give his or her
13     prior approval when the procuring entity is not one subject
14     to the jurisdiction of the Governor.
15         (8) Contracts for services to Northern Illinois
16     University by a person, acting as an independent
17     contractor, who is qualified by education, experience, and
18     technical ability and is selected by negotiation for the
19     purpose of providing non-credit educational service
20     activities or products by means of specialized programs
21     offered by the university.
22         (9) Procurement expenditures by the Illinois
23     Conservation Foundation when only private funds are used.
24 (Source: P.A. 91-627, eff. 8-19-99; 91-904, eff. 7-6-00;
25 92-797, eff. 8-15-02.)
 
26     Section 99. Effective date. This Act takes effect upon
27 becoming law.