93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6986


 
Introduced 02/09/04, by Dan Reitz
 
SYNOPSIS AS INTRODUCED:
 		













New Act










    Creates the Illinois State Fair Foundation Act. Authorizes the Department of Agriculture to create a not-for-profit corporation known as the Illinois State Fair Foundation. Provides for appointment of the Foundation's Board of Directors. Sets forth the purposes, duties, and powers of the Foundation. Authorizes the Department to adopt rules necessary to govern Foundation procedures. Provides for the disposition of funds collected by the Foundation. Effective immediately.
















LRB093 21256 RAS 47401 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB6986

LRB093 21256 RAS 47401 b






1
    AN ACT concerning agriculture.

 
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
Illinois State Fair Foundation Act.
 
6
    Section 5. Creation of foundation. The General Assembly 
7
authorizes the Department of Agriculture, in accordance with 
8
Section 10 of the State Agency Entity Creation Act, to create 
9
the Illinois State Fair Foundation as a not-for-profit 
10
foundation.  The Department shall file articles of 
11
incorporation as required under the General Not For Profit 
12
Corporation Act of 1986 to create the Foundation.  The 
13
Foundation's Board of Directors shall be appointed as follows: 
14
2 by the President of the Illinois Senate; 2 by the Minority 
15
Leader of the Illinois Senate; 2 by the Speaker of the Illinois 
16
House of Representatives; 2 by the Minority Leader of the 
17
Illinois House of Representatives; and 4 by the Governor.  
18
Vacancies shall be filled by the official who made the 
19
recommendation for the vacated appointment.  The Director of 
20
Agriculture shall chair the Board of Directors of the 
21
Foundation.  No member of the Board of Directors may receive 
22
compensation for his or her services to the Foundation.
 
23
    Section 10. Foundation purposes.  The purposes of the 
24
Foundation are: to promote and support the Illinois State Fair; 
25
to solicit and accept sponsorships or contributions consistent 
26
with the stated intent of the donor and the goals of the 
27
Foundation; to accept grants for the acquisition, 
28
construction, improvement, and development of potential 
29
Foundation projects; to solicit and generate private funding 
30
and donations to support the Illinois State Fair; and to engage 
31
generally in other lawful endeavors consistent with the 
 


 






HB6986
- 2 -
LRB093 21256 RAS 47401 b




1
foregoing purposes.  The foundation shall operate within the 
2
provisions of the General Not for Profit Corporation Act of 
3
1986.

 
4
    Section 15. Organization, powers, and duties of 
5
foundation. As soon as practical after the Foundation is 
6
created, the Board of Directors shall meet, organize, and 
7
designate, by majority vote, a treasurer, secretary, and any 
8
additional officers that may be needed to carry out the 
9
activities of the Foundation, and shall adopt bylaws of the 
10
Foundation.  The Department of Agriculture may adopt other rules 
11
deemed necessary to govern Foundation procedures.
12
    The Foundation may accept gifts or grants from the federal 
13
government, its agencies or officers, or from any person, firm, 
14
or corporation, and may expend receipts on activities that it 
15
considers suitable to the performance of its duties under this 
16
Act and consistent with any requirement of the grant, gift, or 
17
bequest.  Funds collected by the Foundation shall be considered 
18
private funds, except those received from public entities, and 
19
shall be held in an appropriate account outside of the State 
20
Treasury.  The Foundation is authorized to transfer moneys into 
21
the Illinois State Fair Fund for use by the Illinois State 
22
Fair.  Private funds collected by the Foundation are not subject 
23
to the Public Funds Investment Act.  Foundation procurement is 
24
exempt from the Illinois Procurement Code when only private 
25
funds are used for procurement expenditures.  The treasurer of 
26
the Foundation shall be custodian of all Foundation funds.  The 
27
Foundation's accounts and books shall be set up and maintained 
28
in a manner approved by the Auditor General; and the Foundation 
29
and its officers shall be responsible for the approval of 
30
recording of receipts, approval of payments, and the proper 
31
filing of required reports.  The Foundation may be assisted in 
32
carrying out its functions by personnel of the Department of 
33
Agriculture.  The Department shall provide reasonable 
34
assistance to the Foundation to achieve the purposes of the 
35
Foundation.  The Foundation shall cooperate fully with the 
 


 






HB6986
- 3 -
LRB093 21256 RAS 47401 b




1
boards, commissions, agencies, departments, and institutions 
2
of the State.  The funds held and made available by the Illinois 
3
State Fair Foundation shall be subject to financial and 
4
compliance audits by the Auditor General in compliance with the 
5
Illinois State Auditing Act.
6
    The Foundation shall not have any power of eminent domain.

 
7
    Section 20. Disclosure to donors of exemption from Public 
8
Funds Investment Act. The Foundation must provide a written 
9
notice to any entity providing a gift, grant, or bequest to the 
10
Foundation that the Foundation is not subject to the provisions 
11
of the Public Funds Investment Act which Act places limitations 
12
on the types of securities in which a public agency may invest 
13
public funds.
 

14
    Section 99. Effective date. This Act takes effect upon 
15
becoming law.