HB5783sam001 99TH GENERAL ASSEMBLY

Sen. Andy Manar

Filed: 5/30/2016

09900HB5783sam001 LRB099 16776 SLF 49419 a

AMENDMENT TO HOUSE BILL 5783

AMENDMENT NO. ______. Amend House Bill 5783 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Illinois State Fairgrounds Foundation Act.

Section 5. Creation of Illinois State Fairgrounds Foundation.

(a) The General Assembly authorizes the Department of Agriculture, in accordance with Section 10 of the State Agency Entity Creation Act, to create the Illinois State Fairgrounds Foundation. Under this authority, the Department of Agriculture shall create the Illinois State Fairgrounds Foundation as a not-for-profit foundation. The Department shall file articles of incorporation as required under the General Not For Profit Corporation Act of 1986 to create the Foundation.

(b) The Foundation's Board of Directors shall be appointed as follows:

(1) 2 by the President of the Senate, 1 for a 2-year term and 1 for a 4-year term;

(2) 2 by the Minority Leader of the Senate, 1 for a 2-year term and 1 for a 4-year term;

(3) 2 by the Speaker of the House of Representatives, 1 for a 2-year term and 1 for a 4-year term;

(4) 2 by the Minority Leader of the House of Representatives, 1 for a 2-year term and 1 for a 4-year term; and

(5) 4 by the Governor, 2 for a 2-year term each and 2 for a 4-year term each.

(c) At the expiration of the 2-year terms and the 4-year terms, each successive appointment shall be for a 4-year term. Vacancies shall be filled by the official who made the prior appointment. The Director of Agriculture shall chair the Board of Directors of the Foundation. No member of the Board of Directors may receive compensation for his or her services to the Foundation.

Section 10. Foundation purposes. The purposes of the Foundation are: to promote, support, assist, sustain, and encourage the charitable, educational, scientific, and agricultural programs, projects, and policies of the Department of Agriculture and the Illinois State Fair; to solicit and accept aid or contributions consistent with the stated intent of the donor and the goals of the Foundation, including, but not limited to, capital funding for the improvement, maintenance, or construction of buildings and facilities at the Illinois State Fairgrounds located in Springfield and DuQuoin; to accept grants for the acquisition, construction, improvement, and development of potential Foundation projects; to solicit and generate private funding and donations that assist in enhancing and preserving Illinois' agricultural heritage and State Fairgrounds, both in Springfield and DuQuoin, and the infrastructure, including roads, buildings, permanent exhibits, grounds, and facilities at both Fairgrounds; and to engage generally in other lawful endeavors consistent with the foregoing purposes. The Foundation shall operate within the provisions of the General Not For Profit Corporation Act of 1986.

Section 15. Organization, powers, and duties of the Foundation.

(a) 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 Agriculture may adopt other rules deemed necessary to govern Foundation procedures.

(b) 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. 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 Agriculture. 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 State Fairgrounds Foundation shall be subject to financial and compliance audits by the Auditor General in compliance with the Illinois State Auditing Act.

(c) The Foundation shall not have any power of eminent domain.

(d) The Foundation shall be considered a public body under the Prevailing Wage Act. 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.

Section 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 places limitations on the types of securities in which a public agency may invest public funds.

Section 105. The Department of Natural Resources Act is amended by changing Sections 20-5 and 20-15 as follows:

(20 ILCS 801/20-5)

Sec. 20-5. State Museum. The State shall operate an Illinois State Museum in Springfield and at branch sites at Dickson Mounds, Lockport, Rend Lake, and the James R. Thompson Center. The Illinois State Museum and all branch sites shall be open to the public. The Illinois State Museum shall operate a research and collections center to research, preserve, and maintain access to the extensive Illinois State Museum collections. The Department of Natural Resources shall have within it the office of the Illinois State Museum. The Board of the Illinois State Museum is retained as the advisory governing board for the State Museum.

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)

(20 ILCS 801/20-15)

Sec. 20-15. Entrance fee.

The Department may set, by the Director, by administrative rule an entrance fee for visitors to the Illinois State Museum. A different fee may be charged for different classes of visitors. The fee assessed by this Section shall be deposited into the Illinois State Museum Fund for the Department to use to support the Illinois State Museum. The monies deposited into the Illinois State Museum Fund under this Section shall not be subject to administrative charges or chargebacks unless otherwise authorized by this Act.

(Source: P.A. 97-1136, eff. 1-1-13.)

Section 110. The Employment and Economic Opportunity for Persons with Disabilities Task Force Act is amended by changing Section 10 as follows:

(20 ILCS 4095/10)

Sec. 10. Employment and Economic Opportunity for Persons with Disabilities Task Force.

(a) The Employment and Economic Opportunity for Persons with Disabilities Task Force is created.

(b) The Employment and Economic Opportunity for Persons with Disabilities Task Force shall be appointed and hold its first meeting within 90 days after the effective date of this Act, be convened by the Governor, and operate with administrative support from the Illinois Department of Human Services Employment Security.

(c) The Task Force shall be comprised of the following representatives of State Government: a high-ranking member of the Governor's management team, designated by the Governor; representatives of each division of the Department of Human Services, designated by the Secretary of Human Services; the Director of Healthcare and Family Services, or his or her designee; the Director of Veterans' Affairs or his or her designee; the Director of Commerce and Economic Opportunity or his or her designee; the Director of Employment Security or his or her designee; the Executive Director of the Illinois Council on Developmental Disabilities or his or her designee; and the State Superintendent of Education or his or her designee.

(d) The Task Force shall also consist of no more than 15 public members who shall be appointed by the Governor and who represent the following constituencies: statewide organizations that advocate for persons with physical, developmental and psychiatric disabilities, entities with expertise in assistive technology devices and services for persons with disabilities, advocates for veterans with disabilities, centers for independent living, disability services providers, organized labor, higher education, the private sector business community, entities that provide employment and training services to persons with disabilities, and at least 5 persons who have a disability.

(e) The Task Force shall be co-chaired by the representative of the Governor and a public member who shall be chosen by the other public members of the Task Force.

(f) The Task Force members shall serve voluntarily and without compensation. Persons with disabilities serving on the Task Force shall be accommodated to enable them to fully participate in Task Force activities.

(g) The co-chairs of the Task Force shall extend an invitation to chairs and minority spokespersons of appropriate legislative committees to attend all meetings of the Task Force, and may invite other individuals who are not members of the Task Force to participate in subcommittees of the Task Force or to take part in discussions of topics for which those individuals have particular expertise.

(h) The Task Force shall coordinate its work with existing State advisory bodies whose work may include employment and economic opportunity for persons with disabilities.

(Source: P.A. 96-368, eff. 8-13-09; 97-1066, eff. 8-24-12.)

Section 999. Effective date. This Act takes effect upon becoming law.".