101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4043

 

Introduced 1/13/2020, by Rep. Kathleen Willis

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 160/2  from Ch. 127, par. 4002

    Amends the Public Use Trust Act. Provides that the Department of Agriculture, the Department of Natural Resources, and the Abraham Lincoln Presidential Library and Museum (currently, the Department of Agriculture and the Department of Natural Resources only) have the power to enter into a trust agreement with a person or group of persons under which the State agency may receive or collect money or other property from the person or group of persons and may expend such money or property solely for a public purpose within the powers and duties of that State agency and stated in the trust agreement.


LRB101 15428 RJF 64718 b

 

 

A BILL FOR

 

HB4043LRB101 15428 RJF 64718 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Use Trust Act is amended by changing
5Section 2 as follows:
 
6    (30 ILCS 160/2)  (from Ch. 127, par. 4002)
7    (Text of Section before amendment by P.A. 101-48)
8    Sec. 2. (a) The Department of Agriculture and the
9Department of Natural Resources have the power to enter into a
10trust agreement with a person or group of persons under which
11the State agency may receive or collect money or other property
12from the person or group of persons and may expend such money
13or property solely for a public purpose within the powers and
14duties of that State agency and stated in the trust agreement.
15The State agency shall be the trustee under any such trust
16agreement.
17    (b) Money or property received under a trust agreement
18shall not be deposited in the State treasury and is not subject
19to appropriation by the General Assembly, but shall be held and
20invested by the trustee separate and apart from the State
21treasury. The trustee shall invest money or property received
22under a trust agreement as provided for trustees under the
23Trusts and Trustees Act or as otherwise provided in the trust

 

 

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1agreement.
2    (c) The trustee shall maintain detailed records of all
3receipts and disbursements in the same manner as required for
4trustees under the Trusts and Trustees Act. The trustee shall
5provide an annual accounting of all receipts, disbursements,
6and inventory to all donors to the trust and the Auditor
7General. The annual accounting shall be made available to any
8member of the public upon request.
9(Source: P.A. 100-695, eff. 8-3-18.)
 
10    (Text of Section after amendment by P.A. 101-48)
11    Sec. 2. (a) The Department of Agriculture, and the
12Department of Natural Resources, and the Abraham Lincoln
13Presidential Library and Museum have the power to enter into a
14trust agreement with a person or group of persons under which
15the State agency may receive or collect money or other property
16from the person or group of persons and may expend such money
17or property solely for a public purpose within the powers and
18duties of that State agency and stated in the trust agreement.
19The State agency shall be the trustee under any such trust
20agreement.
21    (b) Money or property received under a trust agreement
22shall not be deposited in the State treasury and is not subject
23to appropriation by the General Assembly, but shall be held and
24invested by the trustee separate and apart from the State
25treasury. The trustee shall invest money or property received

 

 

HB4043- 3 -LRB101 15428 RJF 64718 b

1under a trust agreement as provided for trustees under the
2Illinois Trust Code or as otherwise provided in the trust
3agreement.
4    (c) The trustee shall maintain detailed records of all
5receipts and disbursements in the same manner as required for
6trustees under the Illinois Trust Code. The trustee shall
7provide an annual accounting of all receipts, disbursements,
8and inventory to all donors to the trust and the Auditor
9General. The annual accounting shall be made available to any
10member of the public upon request.
11(Source: P.A. 100-695, eff. 8-3-18; 101-48, eff. 1-1-20.)
 
12    Section 95. No acceleration or delay. Where this Act makes
13changes in a statute that is represented in this Act by text
14that is not yet or no longer in effect (for example, a Section
15represented by multiple versions), the use of that text does
16not accelerate or delay the taking effect of (i) the changes
17made by this Act or (ii) provisions derived from any other
18Public Act.