Illinois General Assembly

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Full Text of SB3498  97th General Assembly


Sen. Jeffrey M. Schoenberg

Filed: 3/26/2012





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2    AMENDMENT NO. ______. Amend Senate Bill 3498 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the State
5Police DNA Backlog Foundation Act.
6    Section 5. Creation of Foundation. The General Assembly
7authorizes the Department of State Police, in accordance with
8Section 10 of the State Agency Entity Creation Act, to create
9the Illinois State Police DNA Backlog Foundation. Under this
10authority, the Department of State Police shall create the
11Illinois State Police DNA Backlog Foundation as a
12not-for-profit foundation. The Department shall file articles
13of incorporation as required under the General Not For Profit
14Corporation Act of 1986 to create the Foundation. The
15Foundation's Board of Directors shall consist of the following
16members: the Attorney General or his or her designee, 2 members



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1appointed by the President of the Illinois Senate; 2 members
2appointed by the Minority Leader of the Illinois Senate; 2
3members appointed by the Speaker of the Illinois House of
4Representatives; 2 members appointed by the Minority Leader of
5the Illinois House of Representatives; and 4 members appointed
6by the Governor. Vacancies shall be filled in the same manner
7as original appointments. The Director of State Police shall
8chair the Board of Directors of the Foundation. No member of
9the Board of Directors may receive additional compensation for
10his or her services to the Foundation.
11    Section 10. Foundation purposes. The purposes of the
12Foundation are: to promote, support, assist, sustain, and
13encourage the continuing improvement of the processing of DNA
14samples received for testing by the Department of State Police,
15with a primary focus on the reduction, and future prevention,
16of any backlog in the processing of DNA samples by the
17Department of State Police; to solicit and accept aid or
18contributions consistent with the stated intent of the donor
19and the goals of the Foundation; to solicit and generate
20private funding and donations consistent with the foregoing
21purposes. The foundation shall operate within the provisions of
22the General Not For Profit Corporation Act of 1986.
23    Section 15. Organization, powers, and duties of
24Foundation. As soon as practical after the Foundation is



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1created, the Board of Directors shall meet, organize, and
2designate, by majority vote, a treasurer, secretary, and any
3additional officers that may be needed to carry out the
4activities of the Foundation, and shall adopt bylaws of the
5Foundation. The Department of State Police may adopt other
6rules deemed necessary to govern Foundation procedures.
7    The Foundation may accept gifts or grants from the federal
8government, its agencies or officers, or from any person, firm,
9or corporation, and may expend receipts on activities that it
10considers suitable to the performance of its duties under this
11Act, including the making of grants to the Department of State
12Police to accomplish the purposes specified in Section 10 of
13this Act, and consistent with any requirement of the grant,
14gift, or bequest; however, the Foundation shall not accept
15gifts, grants, or any other funds from, or on behalf of, an
16incarcerated person, a person with a pending criminal case in
17State or federal court, or a person having a familial
18relationship with such a person. Funds collected by the
19Foundation shall be considered private funds, except those
20received from public entities, and shall be held in an
21appropriate account outside of the State Treasury. Private
22funds collected by the Foundation are not subject to the Public
23Funds Investment Act. Foundation procurement is exempt from the
24Illinois Procurement Code when only private funds are used for
25procurement expenditures. The treasurer of the Foundation
26shall be custodian of all Foundation funds. The Foundation's



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1accounts and books shall be set up and maintained in a manner
2approved by the Auditor General; and the Foundation and its
3officers shall be responsible for the approval of recording of
4receipts, approval of payments, and the proper filing of
5required reports. The Foundation may be assisted in carrying
6out its functions by personnel of the Department of State
7Police. The Department shall provide reasonable assistance to
8the Foundation to achieve the purposes of the Foundation. The
9Foundation shall cooperate fully with the boards, commissions,
10agencies, departments, and institutions of the State. The funds
11held and made available by the Illinois State Police DNA
12Backlog Foundation shall be subject to financial and compliance
13audits by the Auditor General in compliance with the Illinois
14State Auditing Act.
15    Section 20. Disclosure to donors of exemption from Public
16Funds Investment Act. The Foundation must provide a written
17notice to any entity providing a gift, grant, or bequest to the
18Foundation that the Foundation is not subject to the provisions
19of the Public Funds Investment Act which Act places limitations
20on the types of securities in which a public agency may invest
21public funds.".