Full Text of SB3498 97th General Assembly
SB3498sam001 97TH GENERAL ASSEMBLY | Sen. Jeffrey M. Schoenberg Filed: 3/26/2012
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| 1 | | AMENDMENT TO SENATE BILL 3498
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3498 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the State | 5 | | Police DNA Backlog Foundation Act. | 6 | | Section 5. Creation of Foundation. The General Assembly | 7 | | authorizes the
Department of State Police, in accordance with
| 8 | | Section 10 of the State Agency Entity Creation Act, to create | 9 | | the Illinois
State Police DNA Backlog Foundation. Under this | 10 | | authority, the Department of State Police shall create the | 11 | | Illinois State Police DNA Backlog Foundation
as a | 12 | | not-for-profit foundation. The Department shall file
articles | 13 | | of incorporation as required under the General Not For Profit
| 14 | | Corporation Act of 1986 to create the Foundation. The
| 15 | | Foundation's Board of Directors shall consist of the following | 16 | | members: the Attorney General or his or her designee, 2 members |
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| 1 | | appointed by the
President of the Illinois Senate; 2 members | 2 | | appointed by the Minority Leader of the Illinois
Senate; 2 | 3 | | members appointed by the Speaker of the Illinois House of | 4 | | Representatives; 2 members appointed by the
Minority Leader of | 5 | | the Illinois House of Representatives; and 4 members appointed | 6 | | by the
Governor. Vacancies shall be filled in the same manner | 7 | | as original appointments. The Director of State Police shall | 8 | | chair the Board of Directors of the Foundation. No member of
| 9 | | the Board
of Directors may receive additional compensation for | 10 | | his or her services to the
Foundation. | 11 | | Section 10. Foundation purposes. The purposes of the | 12 | | Foundation are: to promote, support, assist, sustain, and | 13 | | encourage the continuing improvement of the processing of DNA | 14 | | samples received for testing by the Department of State Police, | 15 | | with a primary focus on the reduction, and future prevention, | 16 | | of any backlog in the processing of DNA samples by the | 17 | | Department of State Police; to solicit and accept aid or | 18 | | contributions consistent with the stated intent of the donor | 19 | | and the goals of the Foundation; to solicit and generate | 20 | | private funding and donations consistent with the foregoing | 21 | | purposes. The foundation shall
operate within the provisions of | 22 | | the General Not For Profit Corporation Act of
1986. | 23 | | Section 15. Organization, powers, and duties of | 24 | | Foundation. As soon as
practical after the Foundation is |
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| 1 | | created, the Board of Directors shall meet,
organize, and | 2 | | designate, by majority vote, a treasurer, secretary, and any
| 3 | | additional officers that may be needed to carry out the | 4 | | activities of the
Foundation, and shall adopt bylaws of the | 5 | | Foundation. The Department of
State Police may adopt other | 6 | | rules deemed necessary
to govern Foundation procedures.
| 7 | | The Foundation may accept gifts or grants from the federal | 8 | | government, its
agencies or officers, or from any person, firm, | 9 | | or corporation, and may expend
receipts on activities that it | 10 | | considers suitable to the performance of its
duties under this | 11 | | Act, including the making of grants to the Department of State | 12 | | Police to accomplish the purposes specified in Section 10 of | 13 | | this Act, and consistent with any requirement of the grant, | 14 | | gift,
or bequest; however, the Foundation shall not accept | 15 | | gifts, grants, or any other funds from, or on behalf of, an | 16 | | incarcerated person, a person with a pending criminal case in | 17 | | State or federal court, or a person having a familial | 18 | | relationship with such a person. Funds collected by the | 19 | | Foundation shall be considered
private funds, except those | 20 | | received from public entities, and shall be
held in an | 21 | | appropriate account outside of the State
Treasury.
Private | 22 | | funds collected by the Foundation are not subject to the Public
| 23 | | Funds Investment Act. Foundation procurement is exempt from the | 24 | | Illinois
Procurement Code when only private funds are used for | 25 | | procurement
expenditures.
The treasurer of the Foundation | 26 | | shall be custodian of all Foundation
funds. The Foundation's |
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| 1 | | accounts and books shall be set up and maintained in a
manner | 2 | | approved by the Auditor General; and the Foundation and its | 3 | | officers
shall be responsible for the approval of recording of | 4 | | receipts, approval of
payments, and the proper filing of | 5 | | required reports. The Foundation may be
assisted in carrying | 6 | | out its functions by personnel of the
Department of State | 7 | | Police.
The Department shall provide reasonable assistance to | 8 | | the Foundation to
achieve the purposes of the Foundation.
The | 9 | | Foundation shall cooperate fully with the
boards, commissions, | 10 | | agencies, departments, and institutions of the State. The
funds | 11 | | held and made available by the Illinois State Police DNA | 12 | | Backlog Foundation shall be
subject to financial and compliance | 13 | | audits by the Auditor General in compliance
with the Illinois | 14 | | State Auditing Act.
| 15 | | Section 20. Disclosure to donors of exemption from Public | 16 | | Funds Investment
Act. The Foundation must provide a written | 17 | | notice to any entity providing a
gift, grant, or bequest to the | 18 | | Foundation that the Foundation is not subject to
the provisions | 19 | | of the Public Funds Investment Act which Act places limitations
| 20 | | on the types of securities in which a public agency may invest | 21 | | public
funds.".
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