SB3498sam001 97TH GENERAL ASSEMBLY

Sen. Jeffrey M. Schoenberg

Filed: 3/26/2012

09700SB3498sam001 LRB097 19804 JDS 68013 a

AMENDMENT TO SENATE BILL 3498

AMENDMENT NO. ______. Amend Senate Bill 3498 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the State Police DNA Backlog Foundation Act.

Section 5. Creation of Foundation. The General Assembly authorizes the Department of State Police, in accordance with Section 10 of the State Agency Entity Creation Act, to create the Illinois State Police DNA Backlog Foundation. Under this authority, the Department of State Police shall create the Illinois State Police DNA Backlog Foundation as a not-for-profit foundation. The Department shall file articles of incorporation as required under the General Not For Profit Corporation Act of 1986 to create the Foundation. The Foundation's Board of Directors shall consist of the following members: the Attorney General or his or her designee, 2 members appointed by the President of the Illinois Senate; 2 members appointed by the Minority Leader of the Illinois Senate; 2 members appointed by the Speaker of the Illinois House of Representatives; 2 members appointed by the Minority Leader of the Illinois House of Representatives; and 4 members appointed by the Governor. Vacancies shall be filled in the same manner as original appointments. The Director of State Police shall chair the Board of Directors of the Foundation. No member of the Board of Directors may receive additional compensation for his or her services to the Foundation.

Section 10. Foundation purposes. The purposes of the Foundation are: to promote, support, assist, sustain, and encourage the continuing improvement of the processing of DNA samples received for testing by the Department of State Police, with a primary focus on the reduction, and future prevention, of any backlog in the processing of DNA samples by the Department of State Police; to solicit and accept aid or contributions consistent with the stated intent of the donor and the goals of the Foundation; to solicit and generate private funding and donations consistent with the foregoing purposes. The foundation shall operate within the provisions of the General Not For Profit Corporation Act of 1986.

Section 15. Organization, powers, and duties of Foundation. As soon as practical after the Foundation is created, the Board of Directors shall meet, organize, and designate, by majority vote, a treasurer, secretary, and any additional officers that may be needed to carry out the activities of the Foundation, and shall adopt bylaws of the Foundation. The Department of State Police may adopt other rules deemed necessary to govern Foundation procedures.

The Foundation may accept gifts or grants from the federal government, its agencies or officers, or from any person, firm, or corporation, and may expend receipts on activities that it considers suitable to the performance of its duties under this Act, including the making of grants to the Department of State Police to accomplish the purposes specified in Section 10 of this Act, and consistent with any requirement of the grant, gift, or bequest; however, the Foundation shall not accept gifts, grants, or any other funds from, or on behalf of, an incarcerated person, a person with a pending criminal case in State or federal court, or a person having a familial relationship with such a person. Funds collected by the Foundation shall be considered private funds, except those received from public entities, and shall be held in an appropriate account outside of the State Treasury. Private funds collected by the Foundation are not subject to the Public Funds Investment Act. Foundation procurement is exempt from the Illinois Procurement Code when only private funds are used for procurement expenditures. The treasurer of the Foundation shall be custodian of all Foundation funds. The Foundation's accounts and books shall be set up and maintained in a manner approved by the Auditor General; and the Foundation and its officers shall be responsible for the approval of recording of receipts, approval of payments, and the proper filing of required reports. The Foundation may be assisted in carrying out its functions by personnel of the Department of State Police. The Department shall provide reasonable assistance to the Foundation to achieve the purposes of the Foundation. The Foundation shall cooperate fully with the boards, commissions, agencies, departments, and institutions of the State. The funds held and made available by the Illinois State Police DNA Backlog Foundation shall be subject to financial and compliance audits by the Auditor General in compliance with the Illinois State Auditing Act.

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