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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB2903 Introduced 2/4/2014, by Sen. Andy Manar SYNOPSIS AS INTRODUCED: |
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Creates the Illinois State Fairgrounds Foundation Act. Establishes the Illinois State Fairgrounds Foundation under the authority of the Department of Agriculture. Sets forth the Foundation's purposes, organization, powers, and duties. Provides that 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 Public Funds Investment Act. Effective immediately.
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| | A BILL FOR |
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1 | | AN ACT concerning government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 1. Short title. This Act may be cited as the |
5 | | Illinois State Fairgrounds Foundation Act. |
6 | | Section 5. Creation of Illinois State Fairgrounds |
7 | | Foundation. |
8 | | (a) The General Assembly authorizes the Department of |
9 | | Agriculture, in accordance with Section 10 of the State Agency |
10 | | Entity Creation Act, to create the Illinois State Fairgrounds |
11 | | Foundation. Under this authority, the Department of |
12 | | Agriculture shall create the Illinois State Fairgrounds |
13 | | Foundation as a not-for-profit foundation. The Department |
14 | | shall file articles of incorporation as required under the |
15 | | General Not For Profit Corporation Act of 1986 to create the |
16 | | Foundation. |
17 | | (b) The Foundation's Board of Directors shall be appointed |
18 | | as follows: |
19 | | (1) 2 by the President of the Senate, 1 for a 2-year |
20 | | term and 1 for a 4-year term; |
21 | | (2) 2 by the Minority Leader of the Senate, 1 for |
22 | | 2-year term and 1 for a 4-year term; |
23 | | (3) 2 by the Speaker of the House of Representatives, 1 |
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1 | | for a 2-year term and 1 for a 4-year term; |
2 | | (4) 2 by the Minority Leader of the House of |
3 | | Representatives, 1 for a 2-year term and 1 for a 4-year |
4 | | term; and |
5 | | (5) 4 by the Governor, 2 for a 2-year term each and 2 |
6 | | for a 4-year term each. |
7 | | (c) At the expiration of the 2-year terms and the 4-year |
8 | | terms, each successive appointment shall be for a 4-year term. |
9 | | Vacancies shall be filled by the official who made the prior |
10 | | appointment. The Director of Agriculture shall chair the Board |
11 | | of Directors of the Foundation. No member of the Board of |
12 | | Directors may receive compensation for his or her services to |
13 | | the Foundation. |
14 | | Section 10. Foundation purposes. The purposes of the |
15 | | Foundation are: to promote, support, assist, sustain, and |
16 | | encourage the charitable, educational, scientific, and |
17 | | agricultural programs, projects, and policies of the |
18 | | Department of Agriculture and the Illinois State Fair; to |
19 | | solicit and accept aid or contributions consistent with the |
20 | | stated intent of the donor and the goals of the Foundation, |
21 | | including, but not limited to, capital funding for the |
22 | | improvement, maintenance, or construction of buildings and |
23 | | facilities at the Illinois State Fairgrounds located in |
24 | | Springfield and DuQuoin; to accept grants for the acquisition, |
25 | | construction, improvement, and development of potential |
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1 | | Foundation projects; to solicit and generate private funding |
2 | | and donations that assist in enhancing and preserving Illinois' |
3 | | agricultural heritage and State Fairgrounds, both in |
4 | | Springfield and DuQuoin, and the infrastructure, including |
5 | | roads, buildings, permanent exhibits, grounds, and facilities |
6 | | at both Fairgrounds; and to engage generally in other lawful |
7 | | endeavors consistent with the foregoing purposes. The |
8 | | foundation shall operate within the provisions of the General |
9 | | Not For Profit Corporation Act of 1986. |
10 | | Section 15. Organization, powers, and duties of the |
11 | | Foundation. |
12 | | (a) As soon as practical after the Foundation is created, |
13 | | the Board of Directors shall meet, organize, and designate, by |
14 | | majority vote, a treasurer, secretary, and any additional |
15 | | officers that may be needed to carry out the activities of the |
16 | | Foundation, and shall adopt bylaws of the Foundation. The |
17 | | Department of Agriculture may adopt other rules deemed |
18 | | necessary to govern Foundation procedures. |
19 | | (b) The Foundation may accept gifts or grants from the |
20 | | federal government, its agencies or officers, or from any |
21 | | person, firm, or corporation, and may expend receipts on |
22 | | activities that it considers suitable to the performance of its |
23 | | duties under this Act and consistent with any requirement of |
24 | | the grant, gift, or bequest. Funds collected by the Foundation |
25 | | shall be considered private funds, except those received from |
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1 | | public entities, and shall be held in an appropriate account |
2 | | outside of the State Treasury. Private funds collected by the |
3 | | Foundation are not subject to the Public Funds Investment Act. |
4 | | The treasurer of the Foundation shall be custodian of all |
5 | | Foundation funds. The Foundation's accounts and books shall be |
6 | | 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, approval |
9 | | of payments, and the proper filing of required reports. The |
10 | | Foundation may be assisted in carrying out its functions by |
11 | | personnel of the Department of Agriculture. The Department |
12 | | shall provide reasonable assistance to the Foundation to |
13 | | achieve the purposes of the Foundation. The Foundation shall |
14 | | cooperate fully with the boards, commissions, agencies, |
15 | | departments, and institutions of the State. The funds held and |
16 | | made available by the Illinois State Fairgrounds Foundation |
17 | | shall be subject to financial and compliance audits by the |
18 | | Auditor General in compliance with the Illinois State Auditing |
19 | | Act. |
20 | | (c) The Foundation shall not have any power of eminent |
21 | | domain. |
22 | | Section 20. Disclosure to donors of exemption from Public |
23 | | Funds Investment Act. The Foundation must provide a written |
24 | | notice to any entity providing a gift, grant, or bequest to the |
25 | | Foundation that the Foundation is not subject to the provisions |