103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3236

 

Introduced 2/6/2024, by Sen. Christopher Belt

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 880/3 new
20 ILCS 880/5
20 ILCS 880/10
20 ILCS 880/15
20 ILCS 880/25 new

    Amends the Illinois Conservation Foundation Act. Defines terms. Provides that the Foundation's Board of Directors shall be 9 members appointed by the Governor. Provides that one appointed member shall serve a 2-year term and one appointed member shall serve a 3-year term. Provides that the remaining 7 members shall have 4-year terms. Eliminates the requirement that vacancies be filled by the official who made the recommendation for the vacated appointment. Provides that the Governor may immediately remove members for neglect of duty, incompetence, or malfeasance. Requires the Director of Natural Resources, or the Director's designee, to serve as a nonvoting ex officio member of the Board. Requires the Director to select an Executive Director of the Foundation, who shall serve at the pleasure of the Director and shall be employed by the Foundation. Requires that an annual budget be prepared by the Executive Director and the Board and that the budget be presented to and approved by the Director within 30 days before the expiration of the previously approved budget. Specifies that the budget may be adopted only upon the approval of the Director. Provides that before commencing projects, the Foundation shall coordinate with the Department to assess and prioritize the Department's needs with respect to the acquisition, construction, improvement, and development of potential projects. Requires the Department to provide reasonable assistance to the Foundation to achieve the purposes of the Foundation, provided there are no conflicts of interest between the interests of the Department and the Foundation. Requires the Foundation to cooperate fully with the boards, commissions, agencies, departments, and institutions of the State, including the Office of the Executive Inspector General (for the Agencies of the Governor). Requires the Foundation to comply with the Open Meetings Act, when carrying out its duties and engaging in its statutory activities under the Act.


LRB103 38425 BDA 68561 b

 

 

A BILL FOR

 

SB3236LRB103 38425 BDA 68561 b

1    AN ACT concerning conservation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Conservation Foundation Act is
5amended by changing Sections 5, 10, and 15 and by adding
6Sections 3 and 25 as follows:
 
7    (20 ILCS 880/3 new)
8    Sec. 3. Definitions. As used in this Act, unless the
9context requires otherwise:
10    "Board" means the Board of Directors of the Illinois
11Conservation Foundation.
12    "Chairperson" means the chair of the Board.
13    "Department" means the Department of Natural Resources.
14    "Director" means the Director of Natural Resources.
15    "Executive Director" means the Director of the Illinois
16Conservation Foundation.
17    "Foundation" means the Illinois Conservation Foundation.
 
18    (20 ILCS 880/5)
19    Sec. 5. Creation of Foundation. The General Assembly
20authorizes the Department of Natural Resources, in accordance
21with Section 10 of the State Agency Entity Creation Act, to
22create the Illinois Conservation Foundation. Under this

 

 

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1authority, the Department of Natural Resources shall create
2the Illinois Conservation Foundation as a not-for-profit
3foundation. The Department shall file articles of
4incorporation as required under the General Not For Profit
5Corporation Act of 1986 to create the Foundation. The
6Foundation's Board of Directors shall be 9 members appointed
7by the Governor. One appointed member shall serve a appointed
8as follows: 2 by the President of the Illinois Senate; 2 by the
9Minority Leader of the Illinois Senate; 2 by the Speaker of the
10Illinois House of Representatives; 2 by the Minority Leader of
11the Illinois House of Representatives; and 4 by the Governor.
12Each appointing individual shall have: one two-year term and
13one appointed member shall serve a three-year term
14appointment. Seven members The Governor shall have 4 four-year
15term appointments. The Governor, in his or her sole
16discretion, may immediately remove members for neglect of
17duty, incompetence, or malfeasance. Absence from any 3
18consecutive regular meetings of the Foundation shall
19constitute one example of neglect of duty. The Director of the
20Department of Natural Resources, or the Director's designee,
21shall serve as a non-voting ex officio member of the board.
22Vacancies shall be filled by the official who made the
23recommendation for the vacated appointment. The Governor
24Director of Natural Resources shall appoint the chairperson of
25chair the Board of Directors of the Foundation who shall serve
26at the pleasure of the Governor during the Chair's appointment

 

 

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1term. No member of the Board of Directors may receive
2compensation for his or her services to the Foundation.
3(Source: P.A. 102-303, eff. 1-1-22.)
 
4    (20 ILCS 880/10)
5    Sec. 10. Foundation purposes. The purposes of the
6Foundation are: to promote, support, assist, sustain, and
7encourage the charitable, educational, scientific, cultural,
8historical, and recreational programs, projects, and policies,
9and mission of the Department of Natural Resources; to solicit
10and accept aid or contributions consistent with the stated
11intent of the donor and the needs of the Department goals of
12the Foundation; to accept grants for the acquisition,
13construction, improvement, and development of potential
14Department Foundation projects; to solicit and generate
15private funding and donations that assist in enhancing and
16preserving Illinois' natural habitats, historic sites, river
17and stream corridors, state parks, forests, and fish and
18wildlife areas; and to engage generally in other lawful
19endeavors consistent with the foregoing purposes. The
20Foundation foundation shall operate within the provisions of
21the General Not For Profit Corporation Act of 1986.
22(Source: P.A. 88-591, eff. 8-20-94; 89-445, eff. 2-7-96.)
 
23    (20 ILCS 880/15)
24    Sec. 15. Organization, powers, and duties of Foundation.

 

 

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1As soon as practical after the Foundation is created, the
2Board of Directors shall meet, organize, and designate, by
3majority vote, a vice-chair, treasurer, secretary, and any
4additional officers that may be needed to carry out the
5activities of the Foundation, and shall adopt bylaws of the
6Foundation. The Department of Natural Resources may adopt
7other rules deemed necessary to govern Foundation procedures.
8    The Director shall select an Executive Director of the
9Foundation, who shall serve at the pleasure of the Director
10and shall be employed by the Foundation. The Foundation shall
11may accept gifts or grants from the federal government, its
12agencies or officers and shall actively solicit gifts and
13actively raise funds , or from individuals and entities. Upon
14approval of the Director, the Executive Director of the
15Foundation may any person, firm, or corporation, and may
16expend receipts on activities that it considers suitable to
17the performance of its duties under this Act and consistent
18with any requirement of the grant, gift, or bequest. Funds
19collected by the Foundation shall be considered private funds,
20except those received from public entities, and shall be held
21in an appropriate account outside of the State Treasury.
22Private funds collected by the Foundation are not subject to
23the Public Funds Investment Act. Foundation procurement is
24exempt from the Illinois Procurement Code when only private
25funds are used for procurement expenditures. The treasurer of
26the Foundation shall be custodian of all Foundation funds. An

 

 

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1annual budget must be prepared by the Executive Director and
2the Board and must be presented to the Director within 30 days
3before the expiration of the previously approved budget, and
4the budget may be adopted only upon the approval of the
5Director. The Foundation's accounts, and books, and records
6shall be set up and maintained in a manner approved by the
7Auditor General; and the Foundation and its officers shall be
8responsible for the approval of recording of receipts,
9approval of payments, and the proper filing of required
10reports. Before commencing projects, the Foundation shall
11coordinate with the Department to assess and prioritize the
12Department's needs with respect to the acquisition,
13construction, improvement, and development of potential
14projects. The Foundation may be assisted in carrying out its
15functions by personnel of the Department of Natural Resources.
16As such, the The Department shall provide reasonable
17assistance to the Foundation to achieve the purposes of the
18Foundation, provided there are no conflicts of interest
19between the interests of the Department and the Foundation.
20The Foundation shall cooperate fully with the boards,
21commissions, agencies, departments, and institutions of the
22State, including the Office of the Executive Inspector General
23(for the Agencies of the Governor). The funds held and made
24available by the Illinois Conservation Foundation shall be
25subject to financial and compliance audits by the Auditor
26General in compliance with the Illinois State Auditing Act.

 

 

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1    The Foundation shall not have any power of eminent domain.
2(Source: P.A. 92-797, eff. 8-15-02.)
 
3    (20 ILCS 880/25 new)
4    Sec. 25. Honest and Open Government. The Foundation shall
5comply with the Open Meetings Act when carrying out its duties
6and engaging in its statutory activities under this Act.