093_SB1909ham001
LRB093 08711 AMC 16927 a
1 AMENDMENT TO SENATE BILL 1909
2 AMENDMENT NO. . Amend Senate Bill 1909 by replacing
3 the title with the following:
4 "AN ACT concerning the environment."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 1. Short title. This Act may be cited as the
8 Environmental Protection Foundation Act.
9 Section 5. Creation of foundation. The General Assembly
10 authorizes the Illinois Environmental Protection Agency, in
11 accordance with Section 10 of the State Agency Entity
12 Creation Act, to create the Environmental Protection
13 Foundation as a not-for-profit foundation. The Agency shall
14 file articles of incorporation as required under the General
15 Not for Profit Corporation Act of 1986 to create the
16 Foundation. The Foundation's Board of Directors shall be
17 appointed as follows: 2 by the President of the Senate; 2 by
18 the Minority Leader of the Senate; 2 by the Speaker of the
19 House of Representatives; 2 by the Minority Leader of the
20 House of Representatives; and 4 by the Governor. Vacancies
21 shall be filled by the official who made the appointment for
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1 the vacated seat on the Board. The Director of the Agency
2 shall chair the Board of Directors of the Foundation. No
3 member of the Board of Directors may receive compensation for
4 his or her services to the Foundation.
5 Section 10. Foundation purposes. The purposes of the
6 Foundation are as follows: to promote, support, assist,
7 sustain, and encourage the charitable, educational,
8 scientific, and recreational programs, projects, and policies
9 of the Illinois Environmental Protection Agency; to solicit
10 and accept aid or contributions consistent with the stated
11 intent of the donor and the goals of the Foundation; to
12 accept grants for the acquisition, construction, improvement,
13 and development of potential Foundation projects; to solicit
14 and generate private funding and donations that assist in
15 enhancing and preserving Illinois' air, water and land
16 resources; and to engage generally in other lawful endeavors
17 consistent with the foregoing purposes. The Foundation shall
18 operate within the provisions of the General Not for Profit
19 Corporation Act of 1986.
20 Section 15. Organization, powers, and duties of the
21 Foundation. As soon as practical after the Foundation is
22 created, the Board of Directors shall meet, organize, and
23 designate, by majority vote, a treasurer, secretary, and any
24 additional officers that may be needed to carry out the
25 activities of the Foundation, and shall adopt the by-laws of
26 the Foundation. The Illinois Environmental Protection Agency
27 may adopt other rules deemed necessary to govern Foundation
28 procedures. The Foundation may accept gifts or grants from
29 the federal government, its agencies or officers, or from any
30 person, firm, or corporation, and may expend receipts on
31 activities that it considers suitable to the performance of
32 its duties under this Act and consistent with any requirement
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1 of the grant, gift, or bequest. Funds collected by the
2 Foundation shall be considered private funds and shall be
3 held in an appropriate account outside of the State Treasury.
4 The treasurer of the Foundation shall be custodian of all
5 Foundation funds. The Foundation's accounts and books shall
6 be set up and maintained in a manner approved by the Auditor
7 General and the Foundation and its officers shall be
8 responsible for the approval of recording of receipts,
9 approval of payments, and the proper filing of required
10 reports. The Foundation may be assisted in carrying out its
11 functions by personnel of the Illinois Environmental
12 Protection Agency on matters falling within their scope and
13 function. The Foundation shall cooperate fully with the
14 boards, commissions, agencies, departments, and institutions
15 of the State. The funds held and made available by the
16 Illinois Environmental Protection Foundation shall be subject
17 to financial and compliance audits by the Auditor General in
18 compliance with the Illinois State Auditing Act. The
19 Foundation shall not have any power of eminent domain.
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.".