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92_HB0173enr
HB0173 Enrolled LRB9201839SMdv
1 AN ACT concerning conservation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Conservation Foundation Act is
5 amended by changing Section 15 and by adding Section 20 as
6 follows:
7 (20 ILCS 880/15)
8 Sec. 15. Organization, powers, and duties of Foundation.
9 As soon as practical after the Foundation is created, the
10 Board of Directors shall meet, organize, and designate, by
11 majority vote, a treasurer, secretary, and any additional
12 officers that may be needed to carry out the activities of
13 the Foundation, and shall adopt bylaws of the Foundation.
14 The Department of Natural Resources may adopt other rules
15 deemed necessary to govern Foundation procedures.
16 The Foundation may accept gifts or grants from the
17 federal government, its agencies or officers, or from any
18 person, firm, or corporation, and may expend receipts on
19 activities that it considers suitable to the performance of
20 its duties under this Act and consistent with any requirement
21 of the grant, gift, or bequest. Funds collected by the
22 Foundation shall be considered private funds, except those
23 received from public entities, and shall be held in an
24 appropriate account outside of the State Treasury. Private
25 funds collected by the Foundation are not subject to the
26 Public Funds Investment Act. Foundation procurement is
27 exempt from the Illinois Procurement Code when only private
28 funds are used for procurement expenditures. The treasurer of
29 the Foundation shall be custodian of all Foundation funds.
30 The Foundation's accounts and books shall be set up and
31 maintained in a manner approved by the Auditor General; and
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1 the Foundation and its officers shall be responsible for the
2 approval of recording of receipts, approval of payments, and
3 the proper filing of required reports. The Foundation may be
4 assisted in carrying out its functions by personnel of the
5 Department of Natural Resources on matters falling within
6 their scope and function. The Department shall provide
7 reasonable assistance to the Foundation to achieve the
8 purposes of the Foundation. The Foundation shall cooperate
9 fully with the boards, commissions, agencies, departments,
10 and institutions of the State. The funds held and made
11 available by the Illinois Conservation Foundation shall be
12 subject to financial and compliance audits by the Auditor
13 General in compliance with the Illinois State Auditing Act.
14 The Foundation shall not have any power of eminent
15 domain.
16 (Source: P.A. 88-591, eff. 8-20-94; 89-445, eff. 2-7-96.)
17 (20 ILCS 880/20 new)
18 Sec. 20. Disclosure to donors of exemption from Public
19 Funds Investment Act. The Foundation must provide a written
20 notice to any entity providing a gift, grant, or bequest to
21 the Foundation that the Foundation is not subject to the
22 provisions of the Public Funds Investment Act which Act
23 places limitations on the types of securities in which a
24 public agency may invest public funds.
25 Section 10. The Public Funds Investment Act is amended
26 by changing Section 1 as follows:
27 (30 ILCS 235/1) (from Ch. 85, par. 901)
28 Sec. 1. The words "public funds", as used in this Act,
29 mean current operating funds, special funds, interest and
30 sinking funds, and funds of any kind or character belonging
31 to or in the custody of any public agency.
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1 The words "public agency", as used in this Act, mean the
2 State of Illinois, the various counties, townships, cities,
3 towns, villages, school districts, educational service
4 regions, special road districts, public water supply
5 districts, fire protection districts, drainage districts,
6 levee districts, sewer districts, housing authorities, the
7 Illinois Bank Examiners' Education Foundation, the Chicago
8 Park District, and all other political corporations or
9 subdivisions of the State of Illinois, now or hereafter
10 created, whether herein specifically mentioned or not. This
11 Act does not apply to the Illinois Prepaid Tuition Trust
12 Fund, private funds collected by the Illinois Conservation
13 Foundation, or pension funds or retirement systems
14 established under the Illinois Pension Code, except as
15 otherwise provided in that Code.
16 (Source: P.A. 90-507, eff. 8-22-97; 91-669, eff. 1-1-00.)
17 Section 15. The Illinois Procurement Code is amended by
18 changing Section 1-10 as follows:
19 (30 ILCS 500/1-10)
20 Sec. 1-10. Application.
21 (a) This Code applies only to procurements for which
22 contractors were first solicited on or after July 1, 1998.
23 This Code shall not be construed to affect or impair any
24 contract, or any provision of a contract, entered into based
25 on a solicitation prior to the implementation date of this
26 Code as described in Article 99, including but not limited to
27 any covenant entered into with respect to any revenue bonds
28 or similar instruments. All procurements for which contracts
29 are solicited between the effective date of Articles 50 and
30 99 and July 1, 1998 shall be substantially in accordance with
31 this Code and its intent.
32 (b) This Code shall apply regardless of the source of
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1 the funds with which the contracts are paid, including
2 federal assistance moneys. This Code shall not apply to:
3 (1) contracts between the State and its political
4 subdivisions or other governments, or between State
5 governmental bodies except as specifically provided in
6 this Code.
7 (2) grants, except for the filing requirements of
8 Section 20-80.
9 (3) purchase of care.
10 (4) hiring of an individual as employee and not as
11 an independent contractor, whether pursuant to an
12 employment code or policy or by contract directly with
13 that individual.
14 (5) collective bargaining contracts.
15 (6) purchase of real estate.
16 (7) contracts necessary to prepare for anticipated
17 litigation, enforcement actions, or investigations,
18 provided that the chief legal counsel to the Governor
19 shall give his or her prior approval when the procuring
20 agency is one subject to the jurisdiction of the
21 Governor, and provided that the chief legal counsel of
22 any other procuring entity subject to this Code shall
23 give his or her prior approval when the procuring entity
24 is not one subject to the jurisdiction of the Governor.
25 (8) contracts for services to Northern Illinois
26 University by a person, acting as an independent
27 contractor, who is qualified by education, experience,
28 and technical ability and is selected by negotiation for
29 the purpose of providing non-credit educational service
30 activities or products by means of specialized programs
31 offered by the university.
32 (9) procurement expenditures by the Illinois
33 Conservation Foundation when only private funds are used.
34 (Source: P.A. 90-572, eff. date - See Sec. 99-5; 91-627, eff.
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1 8-19-99; 91-904, eff. 7-6-00.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.
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