Illinois General Assembly - Full Text of SB2903
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Full Text of SB2903  98th General Assembly




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1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Illinois State Fairgrounds Foundation Act.
6    Section 5. Creation of Illinois State Fairgrounds
8    (a) The General Assembly authorizes the Department of
9Agriculture, in accordance with Section 10 of the State Agency
10Entity Creation Act, to create the Illinois State Fairgrounds
11Foundation. Under this authority, the Department of
12Agriculture shall create the Illinois State Fairgrounds
13Foundation as a not-for-profit foundation. The Department
14shall file articles of incorporation as required under the
15General Not For Profit Corporation Act of 1986 to create the
17    (b) The Foundation's Board of Directors shall be appointed
18as 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 a
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
8terms, each successive appointment shall be for a 4-year term.
9Vacancies shall be filled by the official who made the prior
10appointment. The Director of Agriculture shall chair the Board
11of Directors of the Foundation. No member of the Board of
12Directors may receive compensation for his or her services to
13the Foundation.
14    Section 10. Foundation purposes. The purposes of the
15Foundation are: to promote, support, assist, sustain, and
16encourage the charitable, educational, scientific, and
17agricultural programs, projects, and policies of the
18Department of Agriculture and the Illinois State Fair; to
19solicit and accept aid or contributions consistent with the
20stated intent of the donor and the goals of the Foundation,
21including, but not limited to, capital funding for the
22improvement, maintenance, or construction of buildings and
23facilities at the Illinois State Fairgrounds located in
24Springfield and DuQuoin; to accept grants for the acquisition,
25construction, improvement, and development of potential



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1Foundation projects; to solicit and generate private funding
2and donations that assist in enhancing and preserving Illinois'
3agricultural heritage and State Fairgrounds, both in
4Springfield and DuQuoin, and the infrastructure, including
5roads, buildings, permanent exhibits, grounds, and facilities
6at both Fairgrounds; and to engage generally in other lawful
7endeavors consistent with the foregoing purposes. The
8Foundation shall operate within the provisions of the General
9Not For Profit Corporation Act of 1986.
10    Section 15. Organization, powers, and duties of the
12    (a) As soon as practical after the Foundation is created,
13the Board of Directors shall meet, organize, and designate, by
14majority vote, a treasurer, secretary, and any additional
15officers that may be needed to carry out the activities of the
16Foundation, and shall adopt bylaws of the Foundation. The
17Department of Agriculture may adopt other rules deemed
18necessary to govern Foundation procedures.
19    (b) The Foundation may accept gifts or grants from the
20federal government, its agencies or officers, or from any
21person, firm, or corporation, and may expend receipts on
22activities that it considers suitable to the performance of its
23duties under this Act and consistent with any requirement of
24the grant, gift, or bequest. Funds collected by the Foundation
25shall be considered private funds, except those received from



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1public entities, and shall be held in an appropriate account
2outside of the State Treasury. Private funds collected by the
3Foundation are not subject to the Public Funds Investment Act.
4The treasurer of the Foundation shall be custodian of all
5Foundation funds. The Foundation's accounts and books shall be
6set up and maintained in a manner approved by the Auditor
7General; and the Foundation and its officers shall be
8responsible for the approval of recording of receipts, approval
9of payments, and the proper filing of required reports. The
10Foundation may be assisted in carrying out its functions by
11personnel of the Department of Agriculture. The Department
12shall provide reasonable assistance to the Foundation to
13achieve the purposes of the Foundation. The Foundation shall
14cooperate fully with the boards, commissions, agencies,
15departments, and institutions of the State. The funds held and
16made available by the Illinois State Fairgrounds Foundation
17shall be subject to financial and compliance audits by the
18Auditor General in compliance with the Illinois State Auditing
20    (c) The Foundation shall not have any power of eminent
22    (d) The Foundation shall be considered a public body under
23the Prevailing Wage Act. Any project, including but not limited
24to improvement, maintenance, and construction of
25infrastructure, that is funded in whole or in part by the
26Foundation shall be considered a public work as defined by the



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1Prevailing Wage Act.
2    Section 20. Disclosure to donors of exemption from Public
3Funds Investment Act. The Foundation must provide a written
4notice to any entity providing a gift, grant, or bequest to the
5Foundation that the Foundation is not subject to the provisions
6of the Public Funds Investment Act which places limitations on
7the types of securities in which a public agency may invest
8public funds.
9    Section 99. Effective date. This Act takes effect upon
10becoming law.