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Public Act 92-0797
HB0173 Enrolled LRB9201839SMdv
AN ACT concerning conservation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Conservation Foundation Act is
amended by changing Section 15 and by adding Section 20 as
follows:
(20 ILCS 880/15)
Sec. 15. Organization, powers, and duties of Foundation.
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 Natural Resources may adopt other rules
deemed necessary to govern Foundation procedures.
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. Foundation procurement is
exempt from the Illinois Procurement Code when only private
funds are used for procurement expenditures. 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 Natural Resources on matters falling within
their scope and function. 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 Conservation Foundation shall be
subject to financial and compliance audits by the Auditor
General in compliance with the Illinois State Auditing Act.
The Foundation shall not have any power of eminent
domain.
(Source: P.A. 88-591, eff. 8-20-94; 89-445, eff. 2-7-96.)
(20 ILCS 880/20 new)
Sec. 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 Act
places limitations on the types of securities in which a
public agency may invest public funds.
Section 10. The Public Funds Investment Act is amended
by changing Section 1 as follows:
(30 ILCS 235/1) (from Ch. 85, par. 901)
Sec. 1. The words "public funds", as used in this Act,
mean current operating funds, special funds, interest and
sinking funds, and funds of any kind or character belonging
to or in the custody of any public agency.
The words "public agency", as used in this Act, mean the
State of Illinois, the various counties, townships, cities,
towns, villages, school districts, educational service
regions, special road districts, public water supply
districts, fire protection districts, drainage districts,
levee districts, sewer districts, housing authorities, the
Illinois Bank Examiners' Education Foundation, the Chicago
Park District, and all other political corporations or
subdivisions of the State of Illinois, now or hereafter
created, whether herein specifically mentioned or not. This
Act does not apply to the Illinois Prepaid Tuition Trust
Fund, private funds collected by the Illinois Conservation
Foundation, or pension funds or retirement systems
established under the Illinois Pension Code, except as
otherwise provided in that Code.
(Source: P.A. 90-507, eff. 8-22-97; 91-669, eff. 1-1-00.)
Section 15. The Illinois Procurement Code is amended by
changing Section 1-10 as follows:
(30 ILCS 500/1-10)
Sec. 1-10. Application.
(a) This Code applies only to procurements for which
contractors were first solicited on or after July 1, 1998.
This Code shall not be construed to affect or impair any
contract, or any provision of a contract, entered into based
on a solicitation prior to the implementation date of this
Code as described in Article 99, including but not limited to
any covenant entered into with respect to any revenue bonds
or similar instruments. All procurements for which contracts
are solicited between the effective date of Articles 50 and
99 and July 1, 1998 shall be substantially in accordance with
this Code and its intent.
(b) This Code shall apply regardless of the source of
the funds with which the contracts are paid, including
federal assistance moneys. This Code shall not apply to:
(1) contracts between the State and its political
subdivisions or other governments, or between State
governmental bodies except as specifically provided in
this Code.
(2) grants, except for the filing requirements of
Section 20-80.
(3) purchase of care.
(4) hiring of an individual as employee and not as
an independent contractor, whether pursuant to an
employment code or policy or by contract directly with
that individual.
(5) collective bargaining contracts.
(6) purchase of real estate.
(7) contracts necessary to prepare for anticipated
litigation, enforcement actions, or investigations,
provided that the chief legal counsel to the Governor
shall give his or her prior approval when the procuring
agency is one subject to the jurisdiction of the
Governor, and provided that the chief legal counsel of
any other procuring entity subject to this Code shall
give his or her prior approval when the procuring entity
is not one subject to the jurisdiction of the Governor.
(8) contracts for services to Northern Illinois
University by a person, acting as an independent
contractor, who is qualified by education, experience,
and technical ability and is selected by negotiation for
the purpose of providing non-credit educational service
activities or products by means of specialized programs
offered by the university.
(9) procurement expenditures by the Illinois
Conservation Foundation when only private funds are used.
(Source: P.A. 90-572, eff. date - See Sec. 99-5; 91-627, eff.
8-19-99; 91-904, eff. 7-6-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 22, 2002.
Approved August 15, 2002.
Effective August 15, 2002.
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