99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2903

 

Introduced 2/18/2016, by Sen. William E. Brady

 

SYNOPSIS AS INTRODUCED:
 
New Act
30 ILCS 500/1-10

    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. Amends the Illinois Procurement Code. Provides that the Code does not apply to procurement expenditures by the Illinois State Fairgrounds Foundation when only private funds are used. Effective immediately.


LRB099 15954 MGM 40271 b

 

 

A BILL FOR

 

SB2903LRB099 15954 MGM 40271 b

1    AN ACT concerning State 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
7Foundation.
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
16Foundation.
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
11Foundation.
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.
4Foundation procurement is exempt from the Illinois Procurement
5Code when only private funds are used for procurement
6expenditures. The treasurer of the Foundation shall be
7custodian of all Foundation funds. The Foundation's accounts
8and books shall be set up and maintained in a manner approved
9by the Auditor General; and the Foundation and its officers
10shall be responsible for the approval of recording of receipts,
11approval of payments, and the proper filing of required
12reports. The Foundation may be assisted in carrying out its
13functions by personnel of the Department of Agriculture. The
14Department shall provide reasonable assistance to the
15Foundation to achieve the purposes of the Foundation. The
16Foundation shall cooperate fully with the boards, commissions,
17agencies, departments, and institutions of the State. The funds
18held and made available by the Illinois State Fairgrounds
19Foundation shall be subject to financial and compliance audits
20by the Auditor General in compliance with the Illinois State
21Auditing Act.
22    (c) The Foundation shall not have any power of eminent
23domain.
24    (d) The Foundation shall be considered a public body under
25the Prevailing Wage Act. Any project, including but not limited
26to improvement, maintenance, and construction of

 

 

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1infrastructure, that is funded in whole or in part by the
2Foundation shall be considered a public work as defined by the
3Prevailing Wage Act.
 
4    Section 20. Disclosure to donors of exemption from Public
5Funds Investment Act. The Foundation must provide a written
6notice to any entity providing a gift, grant, or bequest to the
7Foundation that the Foundation is not subject to the provisions
8of the Public Funds Investment Act which places limitations on
9the types of securities in which a public agency may invest
10public funds.
 
11    Section 90. The Illinois Procurement Code is amended by
12changing Section 1-10 as follows:
 
13    (30 ILCS 500/1-10)
14    Sec. 1-10. Application.
15    (a) This Code applies only to procurements for which
16bidders, offerors, potential contractors, or contractors were
17first solicited on or after July 1, 1998. This Code shall not
18be construed to affect or impair any contract, or any provision
19of a contract, entered into based on a solicitation prior to
20the implementation date of this Code as described in Article
2199, including but not limited to any covenant entered into with
22respect to any revenue bonds or similar instruments. All
23procurements for which contracts are solicited between the

 

 

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1effective date of Articles 50 and 99 and July 1, 1998 shall be
2substantially in accordance with this Code and its intent.
3    (b) This Code shall apply regardless of the source of the
4funds with which the contracts are paid, including federal
5assistance moneys. This Code shall not apply to:
6        (1) Contracts between the State and its political
7    subdivisions or other governments, or between State
8    governmental bodies except as specifically provided in
9    this Code.
10        (2) Grants, except for the filing requirements of
11    Section 20-80.
12        (3) Purchase of care.
13        (4) Hiring of an individual as employee and not as an
14    independent contractor, whether pursuant to an employment
15    code or policy or by contract directly with that
16    individual.
17        (5) Collective bargaining contracts.
18        (6) Purchase of real estate, except that notice of this
19    type of contract with a value of more than $25,000 must be
20    published in the Procurement Bulletin within 10 calendar
21    days after the deed is recorded in the county of
22    jurisdiction. The notice shall identify the real estate
23    purchased, the names of all parties to the contract, the
24    value of the contract, and the effective date of the
25    contract.
26        (7) Contracts necessary to prepare for anticipated

 

 

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1    litigation, enforcement actions, or investigations,
2    provided that the chief legal counsel to the Governor shall
3    give his or her prior approval when the procuring agency is
4    one subject to the jurisdiction of the Governor, and
5    provided that the chief legal counsel of any other
6    procuring entity subject to this Code shall give his or her
7    prior approval when the procuring entity is not one subject
8    to the jurisdiction of the Governor.
9        (8) Contracts for services to Northern Illinois
10    University by a person, acting as an independent
11    contractor, who is qualified by education, experience, and
12    technical ability and is selected by negotiation for the
13    purpose of providing non-credit educational service
14    activities or products by means of specialized programs
15    offered by the university.
16        (9) Procurement expenditures by the Illinois
17    Conservation Foundation when only private funds are used.
18        (10) Procurement expenditures by the Illinois Health
19    Information Exchange Authority involving private funds
20    from the Health Information Exchange Fund. "Private funds"
21    means gifts, donations, and private grants.
22        (11) Public-private agreements entered into according
23    to the procurement requirements of Section 20 of the
24    Public-Private Partnerships for Transportation Act and
25    design-build agreements entered into according to the
26    procurement requirements of Section 25 of the

 

 

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1    Public-Private Partnerships for Transportation Act.
2        (12) Contracts for legal, financial, and other
3    professional and artistic services entered into on or
4    before December 31, 2018 by the Illinois Finance Authority
5    in which the State of Illinois is not obligated. Such
6    contracts shall be awarded through a competitive process
7    authorized by the Board of the Illinois Finance Authority
8    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
9    50-35, and 50-37 of this Code, as well as the final
10    approval by the Board of the Illinois Finance Authority of
11    the terms of the contract.
12        (13) Procurement expenditures by the Illinois State
13    Fairgrounds Foundation when only private funds are used.
14    Notwithstanding any other provision of law, contracts
15entered into under item (12) of this subsection (b) shall be
16published in the Procurement Bulletin within 14 calendar days
17after contract execution. The chief procurement officer shall
18prescribe the form and content of the notice. The Illinois
19Finance Authority shall provide the chief procurement officer,
20on a monthly basis, in the form and content prescribed by the
21chief procurement officer, a report of contracts that are
22related to the procurement of goods and services identified in
23item (12) of this subsection (b). At a minimum, this report
24shall include the name of the contractor, a description of the
25supply or service provided, the total amount of the contract,
26the term of the contract, and the exception to the Code

 

 

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1utilized. A copy of each of these contracts shall be made
2available to the chief procurement officer immediately upon
3request. The chief procurement officer shall submit a report to
4the Governor and General Assembly no later than November 1 of
5each year that shall include, at a minimum, an annual summary
6of the monthly information reported to the chief procurement
7officer.
8    (c) This Code does not apply to the electric power
9procurement process provided for under Section 1-75 of the
10Illinois Power Agency Act and Section 16-111.5 of the Public
11Utilities Act.
12    (d) Except for Section 20-160 and Article 50 of this Code,
13and as expressly required by Section 9.1 of the Illinois
14Lottery Law, the provisions of this Code do not apply to the
15procurement process provided for under Section 9.1 of the
16Illinois Lottery Law.
17    (e) This Code does not apply to the process used by the
18Capital Development Board to retain a person or entity to
19assist the Capital Development Board with its duties related to
20the determination of costs of a clean coal SNG brownfield
21facility, as defined by Section 1-10 of the Illinois Power
22Agency Act, as required in subsection (h-3) of Section 9-220 of
23the Public Utilities Act, including calculating the range of
24capital costs, the range of operating and maintenance costs, or
25the sequestration costs or monitoring the construction of clean
26coal SNG brownfield facility for the full duration of

 

 

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1construction.
2    (f) This Code does not apply to the process used by the
3Illinois Power Agency to retain a mediator to mediate sourcing
4agreement disputes between gas utilities and the clean coal SNG
5brownfield facility, as defined in Section 1-10 of the Illinois
6Power Agency Act, as required under subsection (h-1) of Section
79-220 of the Public Utilities Act.
8    (g) This Code does not apply to the processes used by the
9Illinois Power Agency to retain a mediator to mediate contract
10disputes between gas utilities and the clean coal SNG facility
11and to retain an expert to assist in the review of contracts
12under subsection (h) of Section 9-220 of the Public Utilities
13Act. This Code does not apply to the process used by the
14Illinois Commerce Commission to retain an expert to assist in
15determining the actual incurred costs of the clean coal SNG
16facility and the reasonableness of those costs as required
17under subsection (h) of Section 9-220 of the Public Utilities
18Act.
19    (h) This Code does not apply to the process to procure or
20contracts entered into in accordance with Sections 11-5.2 and
2111-5.3 of the Illinois Public Aid Code.
22    (i) Each chief procurement officer may access records
23necessary to review whether a contract, purchase, or other
24expenditure is or is not subject to the provisions of this
25Code, unless such records would be subject to attorney-client
26privilege.

 

 

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1    (j) This Code does not apply to the process used by the
2Capital Development Board to retain an artist or work or works
3of art as required in Section 14 of the Capital Development
4Board Act.
5    (k) This Code does not apply to the process to procure
6contracts, or contracts entered into, by the State Board of
7Elections or the State Electoral Board for hearing officers
8appointed pursuant to the Election Code.
9(Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502,
10eff. 8-23-11; 97-689, eff. 6-14-12; 97-813, eff. 7-13-12;
1197-895, eff. 8-3-12; 98-90, eff. 7-15-13; 98-463, eff. 8-16-13;
1298-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff.
131-1-15.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.