HB3816 99TH GENERAL ASSEMBLY

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99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3816

Introduced , by Rep. Raymond Poe - Frank J. Mautino

SYNOPSIS AS INTRODUCED:

New Act

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. Provides that the Foundation shall be considered a public body under the Prevailing Wage Act. Provides that any project, including but not limited to improvement, maintenance, and construction of infrastructure, that is funded in whole or in part by the Foundation shall be considered a public work as defined by the Prevailing Wage Act. Effective immediately.

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Illinois State Fairgrounds Foundation Act.

Section 5. Creation of Illinois State Fairgrounds Foundation.

(a) The General Assembly authorizes the Department of Agriculture, in accordance with Section 10 of the State Agency Entity Creation Act, to create the Illinois State Fairgrounds Foundation. Under this authority, the Department of Agriculture shall create the Illinois State Fairgrounds 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.

(b) The Foundation's Board of Directors shall be appointed as follows:

(1) 2 by the President of the Senate, 1 for a 2-year term and 1 for a 4-year term;

(2) 2 by the Minority Leader of the Senate, 1 for a 2-year term and 1 for a 4-year term;

(3) 2 by the Speaker of the House of Representatives, 1 for a 2-year term and 1 for a 4-year term;

(4) 2 by the Minority Leader of the House of Representatives, 1 for a 2-year term and 1 for a 4-year term; and

(5) 4 by the Governor, 2 for a 2-year term each and 2 for a 4-year term each.

(c) At the expiration of the 2-year terms and the 4-year terms, each successive appointment shall be for a 4-year term. Vacancies shall be filled by the official who made the prior appointment. The Director of Agriculture shall chair the Board of Directors of the Foundation. No member of the Board of Directors may receive 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 charitable, educational, scientific, and agricultural programs, projects, and policies of the Department of Agriculture and the Illinois State Fair; to solicit and accept aid or contributions consistent with the stated intent of the donor and the goals of the Foundation, including, but not limited to, capital funding for the improvement, maintenance, or construction of buildings and facilities at the Illinois State Fairgrounds located in Springfield and DuQuoin; to accept grants for the acquisition, construction, improvement, and development of potential Foundation projects; to solicit and generate private funding and donations that assist in enhancing and preserving Illinois' agricultural heritage and State Fairgrounds, both in Springfield and DuQuoin, and the infrastructure, including roads, buildings, permanent exhibits, grounds, and facilities at both Fairgrounds; and to engage generally in other lawful endeavors 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 the Foundation.

(a) 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 Agriculture may adopt other rules deemed necessary to govern Foundation procedures.

(b) 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 and consistent with any requirement of the grant, gift, or bequest. 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. 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 Agriculture. 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 Fairgrounds Foundation shall be subject to financial and compliance audits by the Auditor General in compliance with the Illinois State Auditing Act.

(c) The Foundation shall not have any power of eminent domain.

(d) The Foundation shall be considered a public body under the Prevailing Wage Act. Any project, including but not limited to improvement, maintenance, and construction of infrastructure, that is funded in whole or in part by the Foundation shall be considered a public work as defined by the Prevailing Wage 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 places limitations on the types of securities in which a public agency may invest public funds.

Section 99. Effective date. This Act takes effect upon becoming law.