HR1368 100TH GENERAL ASSEMBLY

HR1368 LRB100 24546 ALS 43875 r

HOUSE RESOLUTION

WHEREAS, According to its website, the Abraham Lincoln Presidential Library Foundation (the "Foundation") was incorporated in 2000 as a not-for-profit organization to "assist with private sector fundraising initiatives during the planning, construction and implementation phases related to the establishment of the Abraham Lincoln Presidential Library and Museum in Springfield, Illinois"; and

WHEREAS, The Abraham Lincoln Presidential Library and Museum Act (20 ILCS 3475/15) provides that the Abraham Lincoln Presidential Library and Museum (the "Agency") and the Foundation shall "mutually co-operate to maximize resources available to the Abraham Lincoln Presidential Library and Museum and to support, sustain, and provide educational programs and collections at the Abraham Lincoln Presidential Library and Museum"; and

WHEREAS, The Act (20 ILCS 3475/15) further provides that "[a]ny membership fees collected by the Abraham Lincoln Presidential Library Foundation may be used to support the Abraham Lincoln Presidential Library and Museum programs or collections at the Foundation's discretion"; and

WHEREAS, The Act (20 ILCS 3475/20) also provides that to facilitate communication and cooperation between the Agency and the Foundation, "the Foundation CEO shall serve as a non-voting, ex officio member of the Board" of the Agency; and

WHEREAS, The Amended and Restated Memorandum of Understanding of the Cooperative Agreement by and Between the Illinois Historic Preservation Agency (as predecessor to the Abraham Lincoln Presidential Library and Museum) and the Abraham Lincoln Presidential Library Foundation outlines the general responsibilities of each party; and

WHEREAS, Under the agreement, the Agency authorizes the Foundation to operate a store and restaurant, to select and price merchandise for the store, and to use net income from operating the store and restaurant for a variety of purposes, one of which is to support the Abraham Lincoln Presidential Library and Museum; and

WHEREAS, The agreement requires the Foundation to provide the Agency with monthly reports that contain information related to the income and expenses of the store and restaurant within 30 days of the close of each month and to provide its annual audited financial statements within 14 days of receipt from the Foundation's auditors; and

WHEREAS, The agreement authorizes the Agency to inspect the Foundation's books and records, but the Agency is not allowed to make copies of those books and records and is required to make efforts to keep certain information on a confidential and need-to-know only basis; and

WHEREAS, The Agreement expires on January 31, 2019 and may be renewed every two years with mutual agreement of the parties; and

WHEREAS, According to published reports, the Foundation has outstanding loans and is seeking State support for payment of its debt; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDREDTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that the Auditor General is directed to conduct a management audit of the relationship between the Abraham Lincoln Presidential Library and Museum (the "Agency") and the Abraham Lincoln Presidential Library Foundation (the "Foundation"); and be it further

RESOLVED, That the audit include, but not be limited to, the following determinations: (1)The type and amount of direct and indirect support provided by the Agency to the Foundation, (2) The type and amount of direct and indirect support provided by the Foundation to the Agency, (3) The revenues and expenditures related to the Foundation's operation of the store and restaurant, (4) The extent to which the Agency has monitored its agreement with the Foundation and whether required reports are being submitted in a timely manner, (5) Any other actions taken by the Agency to oversee the Foundation to ensure that the purpose of the relationship is being fulfilled to the fullest extent possible, and (6) Whether the Foundation has received any other State moneys from any other State agency and, if so, the amount and purpose of those funds; and be it further

RESOLVED, That the audit shall include completed fiscal years of the Agency's and Foundation's operations, since its inception, with specific emphasis on any debt obligation; and be it further

RESOLVED, That where necessary, the term "agency" shall include predecessor agencies and the term "support" shall include, but not be limited to, grants, contracts, leases, concessions, and admission and event fees; and be it further

RESOLVED, That the Agency and any other entity that may have relevant information pertaining to this audit cooperate fully and promptly with the Auditor General's Office in the conduct of this audit; and be it further

RESOLVED, That the Auditor General commence this audit as soon as possible and report his findings and recommendations upon completion to the Legislative Audit Commission, the Governor, and all members of the General Assembly.