|
the electors or the township board, whichever is appropriate.
|
(d) If the Governor declares a disaster under Section 7 of |
the Illinois Emergency Management Agency Act and the disaster |
declaration is effective during the dates designated for a |
township's annual meeting under subsection (a), (b), or (c), a |
township board may postpone the annual meeting if circumstances |
related to the disaster declaration prevent a township from |
holding its annual meeting. An annual township meeting |
postponed under this subsection shall be held on the third |
Tuesday, after 6 p.m., of the month following the expiration of |
the disaster declaration. If a subsequent disaster is declared |
under Section 7 of the Illinois Emergency Management Agency Act |
prior to or one day after the expiration of the disaster |
declaration upon which the township board based its decision to |
postpone the annual meeting and the township board intends to |
proceed with the annual meeting during this subsequent disaster |
declaration, the township board must consult with and receive |
written approval from the county health department in order to |
proceed with the annual meeting during the course of the |
subsequent disaster declaration. |
(Source: P.A. 88-62; incorporates 88-360; 88-670, eff. |
12-2-94.)
|
(60 ILCS 1/30-10)
|
Sec. 30-10. Notice of meeting; agenda. |
(a) Notice of the time and place of holding the annual and |
|
any special
township meetings shall be given by the township |
clerk (or, in the clerk's absence, the
supervisor, assessor, or |
collector) by posting written or printed notices in 3
of the |
most public places in the township at least 15 days before the |
meeting
and, if there is an English language newspaper |
published in the township, by at
least one publication in that |
newspaper before the meeting. The notice shall
set forth the |
agenda for the meeting.
|
(b) Agenda. Not less than 15 days before the annual |
meeting, the township board shall adopt an agenda for the |
annual meeting. Any 15 or more registered voters in the |
township may request an agenda item for consideration by the |
electors at the annual meeting by giving written notice of a |
specific request to the township clerk no later than March 1 |
prior to the annual meeting. The agenda published by the |
township board shall include any such request made by voters if |
the request is relevant to powers granted to electors under the |
Township Code. |
(c) Additional agenda items. Any matter or proposal not set |
forth in the published agenda shall not be considered at the |
annual meeting other than advising that the matter may be |
considered at a special meeting of the electors at a later |
date. |
(d) Notice and agenda requirements for an annual township |
meeting that has been postponed under subsection (d) of Section |
30-5 shall be the same as provided in this Section. |
|
(Source: P.A. 98-653, eff. 6-18-14.)
|
Section 10. Sections 20 and 25 of this Act may be referred |
to as the Cards for Kids Act. |
Section 15. The Illinois Local Library Act is amended by |
changing Section 4-7 as follows:
|
(75 ILCS 5/4-7) (from Ch. 81, par. 4-7)
|
Sec. 4-7.
Each board of library trustees of a city, |
incorporated
town, village or township shall carry out the |
spirit and intent of this
Act in establishing, supporting and |
maintaining a public library or
libraries for providing library |
service and, in addition to but without
limiting other powers |
conferred by this Act, shall have the following powers:
|
1. To make and adopt such bylaws, rules and |
regulations, for their
own guidance and for the government |
of the library as may be expedient,
not inconsistent with |
this Act;
|
2. To have the exclusive control of the expenditure of |
all moneys
collected for the library and deposited to the |
credit of the library
fund;
|
3. To have the exclusive control of the construction of |
any library
building and of the supervision, care and |
custody of the grounds, rooms
or buildings constructed, |
leased or set apart for that purpose;
|
|
4. To purchase or lease real or personal property, and |
to construct
an appropriate building or buildings for the |
use of a library
established hereunder, using, at the |
board's option, contracts providing
for all or part of the |
consideration to be paid through installments at
stated |
intervals during a certain period not to exceed 20 years |
with
interest on the unpaid balance at any lawful rate for |
municipal
corporations in this State, except that |
contracts for installment
purchases of real estate shall |
provide for not more than 75% of the
total consideration to |
be repaid by installments, and to refund at any
time any |
installment contract entered into pursuant to this |
paragraph by
means of a refunding loan agreement, which may |
provide for installment payments
of principal and interest |
to be made at stated intervals during a certain
period not |
to exceed 20 years from the date of such refunding loan |
agreement,
with interest on the unpaid principal balance at |
any lawful rate for municipal
corporations in this State, |
except that no installment contract or refunding
loan |
agreement for the same property or construction project may |
exceed
an aggregate of 20 years;
|
5. To remodel or reconstruct a building erected or |
purchased by the
board, when such building is not adapted |
to its purposes or needs;
|
6. To sell or otherwise dispose of any real or personal |
property
that it deems no longer necessary or useful for |
|
library purposes, and to
lease to others any real property |
not immediately useful but for which
plans for ultimate use |
have been or will be adopted but the corporate
authorities |
shall have the first right to purchase or lease except that
|
in the case of the City of Chicago, this power shall be |
governed and
limited by the Chicago Public Library Act;
|
7. To appoint and to fix the compensation of a |
qualified librarian, who
shall have the authority to hire |
such other employees as may be necessary,
to fix their |
compensation, and to remove such appointees, subject to the
|
approval of the board, but these powers are subject to
|
Division 1 of Article 10 of the Illinois Municipal Code in
|
municipalities in which that Division is in force. The |
board may also
retain counsel and professional consultants |
as needed;
|
8. To contract with any public or private corporation |
or entity for
the purpose of providing or receiving library |
service or of performing any
and all other acts necessary |
and proper to carry out the responsibilities,
the spirit, |
and the provisions of this Act. This contractual power
|
includes, but is not limited to, participating in |
interstate library
compacts and library systems, |
contracting to supply library services, and
expending of |
any federal or State funds made available to any county,
|
municipality, township or to the State of Illinois for |
library purposes.
However, if a contract is for the supply |
|
of library services for residents
without a public library |
established under the provisions of this Act, the
terms of |
that contract will recognize the principle of equity or |
cost of
services to non-residents expressed in this Section |
of this Act, and will
provide for the assumption by the |
contracting party receiving the services
of financial |
responsibility for the loss of or damage to any library
|
materials provided to non-residents under the contract;
|
9. To join with the board or boards of any one or more |
libraries in
this State in maintaining libraries, or for |
the maintenance of a common
library or common library |
services for participants, upon such terms as may
be agreed |
upon by and between the boards;
|
10. To enter into contracts and to take title to any |
property
acquired by it for library purposes by the name |
and style of "The Board
of Library Trustees of the (city, |
village, incorporated town or
township) of ...." and by |
that name to sue and be sued;
|
11. To exclude from the use of the library any person |
who wilfully
violates the rules prescribed by the board;
|
12. To extend the privileges and use of the library, |
including the
borrowing of materials on an individual basis |
by persons residing outside
of the city, incorporated town, |
village or township. If the board exercises
this power, the |
privilege of library use shall be upon such terms
and |
conditions as the board shall from time to time by its |
|
regulations
prescribe, and for such privileges and use, the |
board shall charge a
nonresident fee at least equal to the |
cost paid by residents of the city,
incorporated town, |
village or township, with the cost to be determined
|
according to the formula established by the Illinois State |
Library.
A person residing outside of a public library |
service area must apply for a
non-resident library
card at |
the public library located closest to the person's |
principal
residence.
The
nonresident cards shall allow for |
borrowing privileges
at all participating public libraries |
in the regional library system. The
nonresident fee shall |
not apply to : privilege and use provided under the
terms of |
the library's membership in a library system operating |
under the
provisions of the Illinois Library System Act, |
under the terms of any
reciprocal agreement with a public |
or private corporation or entity
providing a library |
service ; , or to a nonresident who as an individual or as
a |
partner, principal stockholder, or other joint owner owns |
or leases
property that is taxed for library service or is |
a senior administrative officer of a firm, business, or
|
other corporation owning taxable property within the city, |
incorporated
town, village or township upon the |
presentation of the most recent tax bill
upon that taxable |
property or a copy of the commercial lease of that taxable |
property ; or to a nonresident in an unincorporated area in |
Illinois who is a student whose household falls at or below |
|
the U.S. Department of Agriculture's Income Eligibility |
Guidelines . Nothing in this item 12 requires any public |
library to
participate in the
non-resident card
reciprocal |
borrowing program of a regional library system as provided |
for in
this Section ;
|
13. To exercise the power of eminent domain subject to |
the prior
approval of the corporate authorities under |
Sections 5-1 and 5-2 of this Act;
|
14. To join the public library as a member and to join |
the library
trustees as members in the Illinois Library |
Association
and the American Library Association, |
non-profit, non-political, 501(c)(3)
associations, as |
designated by the federal Internal Revenue Service, having
|
the purpose of library development and librarianship; to |
provide for the
payment of annual membership dues, fees and |
assessments and act by, through
and in the name of such |
instrumentality by providing and disseminating
information |
and research services, employing personnel and doing any |
and
all other acts for the purpose of improving library |
development;
|
15. To invest funds pursuant to the Public Funds |
Investment Act; and
|
16. To accumulate and set apart as reserve funds |
portions of the
unexpended balances of the proceeds |
received annually from taxes or other
sources, for the |
purpose of providing self-insurance against liabilities
|
|
relating to the public library.
|
(Source: P.A. 100-875, eff. 8-14-18.)
|
Section 20. The Public Library District Act of 1991 is |
amended by changing Section 30-55.60 as follows:
|
(75 ILCS 16/30-55.60)
|
Sec. 30-55.60. Use of library by nonresidents. The board |
may extend the privileges and use
of the library, including the
|
borrowing of materials on an individual basis by persons
|
residing outside the district. If the board exercises this |
power,
the privilege of library use shall be upon terms and |
conditions
prescribed by the
board in its regulations. The |
board shall charge a
nonresident
fee for the privileges and use |
of the library at least equal to the
cost paid by residents of |
the district, with the
cost to be determined according to the |
formula established by the Illinois
State Library.
A person |
residing outside of a public library service area must apply |
for a
non-resident library
card at the public library closest |
to the person's principal residence.
The nonresident cards |
shall allow for borrowing privileges
at all participating |
public libraries in the regional library system. The |
nonresident fee shall
not
apply to
any of the following:
|
(1) Privileges and use provided (i) under the terms
of |
the district's membership
in a library system
operating |
under the provisions of the Illinois Library System Act or |
|
(ii) under
the terms of any reciprocal agreement with a |
public or private corporation
or entity providing a library |
service.
|
(2) Residents of an area in which the library is |
conducting a program for
the purpose of encouraging the |
inclusion of the area in the library district.
|
(3) A nonresident who, as an individual
or as a |
partner, principal stockholder, or other joint owner, owns |
or leases
property that is taxed for library service or is |
a senior administrative officer of a firm, business, or
|
other corporation owning taxable property within the |
district, upon
presentation of the most recent tax bill |
upon that taxable property or a copy of the commercial |
lease of that taxable property. |
(4) A nonresident in an unincorporated area in Illinois |
who is a student whose household falls at or below the U.S. |
Department of Agriculture's Income Eligibility Guidelines.
|
Nothing in this Section requires any public library to |
participate in the
non-resident card
reciprocal borrowing |
program of a regional library system as provided for in
this |
Section.
|
(Source: P.A. 100-875, eff. 8-14-18.)
|
Section 25. The School Code is amended by changing Section |
10-20.21 as follows:
|
|
(105 ILCS 5/10-20.21)
|
Sec. 10-20.21. Contracts.
|
(a)
To award all contracts for
purchase of supplies and |
materials or work involving an expenditure in excess of $25,000 |
or a lower amount as required by board policy
to the lowest |
responsible bidder, considering conformity with
|
specifications, terms of delivery, quality and serviceability, |
after due
advertisement, except the following: (i) contracts |
for the services of
individuals possessing a high degree of |
professional skill where the
ability or fitness of the |
individual plays an important part; (ii)
contracts for the |
printing of finance committee reports and departmental
|
reports; (iii) contracts for the printing or engraving of |
bonds, tax
warrants and other evidences of indebtedness; (iv) |
contracts for the
purchase of perishable foods and perishable |
beverages; (v) contracts for
materials and work which have been |
awarded to the lowest responsible bidder
after due |
advertisement, but due to unforeseen revisions, not the fault |
of
the contractor for materials and work, must be revised |
causing expenditures
not in excess of 10% of the contract |
price; (vi)
contracts for the maintenance or servicing of, or |
provision of
repair parts for, equipment which are made with |
the manufacturer or
authorized service agent of that equipment |
where the provision of parts,
maintenance, or servicing can |
best be performed by the manufacturer or
authorized service |
agent; (vii) purchases and contracts for the use,
purchase, |
|
delivery, movement, or installation of data processing |
equipment,
software, or services and telecommunications and |
interconnect
equipment, software, and services; (viii) |
contracts for duplicating
machines and supplies; (ix) |
contracts for the purchase of fuel, including diesel, gasoline, |
oil, aviation, natural gas, or propane, lubricants, or other |
petroleum products; (x) purchases of
equipment previously |
owned by some entity other than the district
itself; (xi) |
contracts for repair, maintenance, remodeling, renovation, or
|
construction, or a single project involving an expenditure not |
to exceed
$50,000 and not involving a change or increase in the |
size, type, or extent
of an existing facility; (xii) contracts |
for goods or services procured
from another governmental |
agency; (xiii) contracts for goods or services
which are |
economically procurable from only one source, such as for the
|
purchase of magazines, books, periodicals, pamphlets and |
reports, and for
utility services such as water, light, heat, |
telephone or telegraph;
(xiv) where funds are expended in an |
emergency and such emergency
expenditure is approved by 3/4 of |
the members of the board; (xv) State master contracts |
authorized under Article 28A of this Code; and (xvi) contracts |
providing for the transportation of pupils, which contracts |
must be advertised in the same manner as competitive bids and |
awarded by first considering the bidder or bidders most able to |
provide safety and comfort for the pupils, stability of |
service, and any other factors set forth in the request for |
|
proposal regarding quality of service, and then price. However, |
at no time shall a cause of action lie against a school board |
for awarding a pupil transportation contract per the standards |
set forth in this subsection (a) unless the cause of action is |
based on fraudulent conduct. |
All competitive
bids for contracts involving an |
expenditure in excess of $25,000 or a lower amount as required |
by board policy must be
sealed by the bidder and must be opened |
by a member or employee of the
school board at a public bid |
opening at which the contents of the bids
must be announced. |
Each bidder must receive at least 3 days' notice of the
time |
and place of the bid opening. For purposes of this Section due
|
advertisement includes, but is not limited to, at least one |
public notice
at least 10 days before the bid date in a |
newspaper published in the
district, or if no newspaper is |
published in the district, in a newspaper
of general |
circulation in the area of the district. State master contracts |
and certified education purchasing contracts, as defined in |
Article 28A of this Code, are not subject to the requirements |
of this paragraph.
|
Under this Section, the acceptance of bids sealed by a |
bidder and the opening of these bids at a public bid opening |
may be permitted by an electronic process for communicating, |
accepting, and opening competitive bids. However, bids for |
construction purposes are prohibited from being communicated, |
accepted, or opened electronically. An electronic bidding |
|
process must provide for, but is not limited to, the following |
safeguards: |
(1) On the date and time certain of a bid opening, the |
primary person conducting the competitive, sealed, |
electronic bid process shall log onto a specified database |
using a unique username and password previously assigned to |
the bidder to allow access to the bidder's specific bid |
project number. |
(2) The specified electronic database must be on a |
network that (i) is in a secure environment behind a |
firewall; (ii) has specific encryption tools; (iii) |
maintains specific intrusion detection systems; (iv) has |
redundant systems architecture with data storage back-up, |
whether by compact disc or tape; and (v) maintains a |
disaster recovery plan.
|
It is the legislative intent of Public Act 96-841 to maintain |
the integrity of the sealed bidding process provided for in |
this Section, to further limit any possibility of bid-rigging, |
to reduce administrative costs to school districts, and to |
effect efficiencies in communications with bidders. |
(b) To require, as a condition of any contract for goods |
and services,
that persons
bidding for and awarded a contract |
and all affiliates of the person collect and
remit
Illinois Use |
Tax on all sales of tangible personal property into the State |
of
Illinois in
accordance with the provisions of the Illinois |
Use Tax Act regardless of whether
the
person or affiliate is a |
|
"retailer maintaining a place of business within this
State" as
|
defined in Section 2 of the Use Tax Act. For purposes of this |
Section, the term
"affiliate"
means any entity that (1) |
directly, indirectly, or constructively controls
another |
entity, (2)
is directly, indirectly, or constructively |
controlled by another entity, or (3)
is subject to
the control |
of a common entity. For purposes of this subsection (b), an |
entity
controls
another entity if it owns, directly or |
individually, more than 10% of the
voting
securities
of that |
entity. As used in this subsection (b), the term "voting |
security"
means a security
that (1) confers upon the holder the |
right to vote for the election of members
of the board
of |
directors or similar governing body of the business or (2) is |
convertible
into, or entitles
the holder to receive upon its |
exercise, a security that confers such a right
to
vote. A
|
general partnership interest is a voting security.
|
To require that bids and contracts include a certification |
by the bidder
or
contractor that the bidder or contractor is |
not barred from bidding for or
entering into a
contract under |
this Section and that the bidder or contractor acknowledges |
that
the school
board may declare the contract void if the |
certification completed pursuant to
this
subsection (b) is |
false.
|
(b-5) To require all contracts and agreements that pertain |
to goods and services and that are intended to generate |
additional revenue and other remunerations for the school |
|
district in excess of $1,000, including without limitation |
vending machine contracts, sports and other attire, class |
rings, and photographic services, to be approved by the school |
board. The school board shall file as an attachment to its |
annual budget a report, in a form as determined by the State |
Board of Education, indicating for the prior year the name of |
the vendor, the product or service provided, and the actual net |
revenue and non-monetary remuneration from each of the |
contracts or agreements. In addition, the report shall indicate |
for what purpose the revenue was used and how and to whom the |
non-monetary remuneration was distributed.
|
(b-10) To prohibit any contract to purchase food with a |
bidder or offeror if the bidder's or offeror's contract terms |
prohibit the school from donating food to food banks, |
including, but not limited to, homeless shelters, food |
pantries, and soup kitchens. |
(c) If the State education purchasing entity creates a |
master contract as defined in Article 28A of this Code, then |
the State education purchasing entity shall notify school |
districts of the existence of the master contract. |
(d) In purchasing supplies, materials, equipment, or |
services that are not subject to subsection (c) of this |
Section, before a school district solicits bids or awards a |
contract, the district may review and consider as a bid under |
subsection (a) of this Section certified education purchasing |
contracts that are already available through the State |
|
education purchasing entity. |
(Source: P.A. 101-570, eff. 8-23-19.)
|
Section 30. The Illinois Public Aid Code is amended by |
changing Sections 6-1.2, 6-2, and 6-10 as follows:
|
(305 ILCS 5/6-1.2) (from Ch. 23, par. 6-1.2)
|
Sec. 6-1.2. Need. Income available to the person, when |
added to
contributions in money, substance, or services from |
other sources,
including contributions from legally |
responsible relatives, must be
insufficient to equal the grant |
amount established by Department regulation
(or by local |
governmental unit in units which do not receive State funds)
|
for such a person.
|
In determining income to be taken into account:
|
(1) The first $75 of earned income in income assistance |
units
comprised exclusively of one adult person shall be |
disregarded, and for not
more than 3 months in any 12 |
consecutive months that portion
of earned income beyond the |
first $75 that is the difference between the
standard of |
assistance and the grant amount, shall be disregarded.
|
(2) For income assistance units not comprised |
exclusively of one adult
person, when authorized by rules |
and regulations of the Illinois
Department, a portion of |
earned income, not to exceed the first $25 a month
plus 50% |
of the next $75, may be disregarded for the purpose of |
|
stimulating
and aiding rehabilitative effort and |
self-support activity.
|
"Earned income" means money earned in self-employment or |
wages, salary,
or commission for personal services performed as |
an employee. The eligibility
of any applicant for or recipient |
of public aid under this Article is not
affected by the payment |
of any grant under the "Senior Citizens and Persons with |
Disabilities Property Tax Relief Act", any
refund
or payment of |
the federal Earned Income Tax Credit, any rebate authorized |
under Section 2201(a) of the Coronavirus Aid, Relief, and |
Economic Security Act (Public Law 116-136) or under any other |
federal economic stimulus program created in response to the |
COVID-19 emergency, or any distributions or
items of income |
described under subparagraph (X) of
paragraph (2) of subsection |
(a) of Section 203 of the Illinois Income Tax
Act.
|
(Source: P.A. 99-143, eff. 7-27-15.)
|
(305 ILCS 5/6-2) (from Ch. 23, par. 6-2)
|
Sec. 6-2. Amount of aid. The amount and nature of General |
Assistance
for basic maintenance requirements shall be |
determined in accordance
with local budget standards for local |
governmental units which do not receive
State funds. For local |
governmental units which do receive State funds,
the amount and |
nature of General Assistance for basic maintenance |
requirements
shall be determined in accordance with the |
standards, rules and regulations
of the Illinois Department. |
|
However,
the amount and nature of any
financial aid is not |
affected by the payment of any grant under the
Senior Citizens |
and Persons with Disabilities Property Tax Relief Act , any |
rebate authorized under Section 2201(a) of the Coronavirus Aid, |
Relief, and Economic Security Act (Public Law 116-136) or under |
any other federal economic stimulus program created in response |
to the COVID-19 emergency,
or any distributions or items of |
income described under subparagraph (X) of
paragraph (2) of |
subsection (a) of Section 203 of the Illinois Income Tax
Act. |
Due regard shall be given to the
requirements and the |
conditions existing in each case, and to the income,
money |
contributions and other support and resources available, from
|
whatever source. In local governmental units which do not |
receive State
funds, the grant shall be sufficient when added |
to all other income, money
contributions and support in excess |
of any excluded income or resources, to
provide the person with |
a grant in the amount established for such a person
by the |
local governmental unit based upon standards meeting basic
|
maintenance requirements. In local governmental units which
do |
receive State funds, the grant shall be sufficient when added |
to all
other income, money contributions and support in excess |
of any excluded
income or resources, to provide the person with |
a grant in the amount
established for such a person by |
Department regulation based upon standards
providing a |
livelihood compatible with health and well-being, as directed
|
by Section 12-4.11 of this Code.
|
|
The Illinois Department may conduct special projects, |
which may be
known as Grant Diversion Projects, under which |
recipients of financial aid
under this Article are placed in |
jobs and their grants are diverted to the
employer who in turn |
makes payments to the recipients in the form of salary
or other |
employment benefits. The Illinois Department shall by rule |
specify
the terms and conditions of such Grant Diversion |
Projects. Such projects
shall take into consideration and be |
coordinated with the programs
administered under the Illinois |
Emergency Employment Development Act.
|
The allowances provided under Article IX for recipients |
participating in
the training and rehabilitation programs |
shall be in addition to such
maximum payment.
|
Payments may also be made to provide persons receiving |
basic
maintenance support with necessary treatment, care and |
supplies required
because of illness or disability or with |
acute medical treatment, care,
and supplies.
Payments for |
necessary or acute medical
care under
this paragraph may be |
made to or in behalf of the person. Obligations
incurred for |
such services but not paid for at the time of a recipient's
|
death may be paid, subject to the rules and regulations of the |
Illinois
Department, after the death of the recipient.
|
(Source: P.A. 99-143, eff. 7-27-15.)
|
(305 ILCS 5/6-10) (from Ch. 23, par. 6-10)
|
Sec. 6-10. Emergency financial assistance. Except in a |
|
city, village or
incorporated town of more than 500,000 |
population, when an applicant
resides in the local governmental |
unit in which he makes application,
emergency financial |
assistance to alleviate life-threatening circumstances
or to |
assist the individual in attaining self-sufficiency may be |
given to
or in behalf of the applicant. The emergency |
assistance so given shall be
by vendor payment in an amount |
necessary to meet the need, up to the maximum
established by |
the local governmental unit. Emergency assistance
shall not be |
granted under this Section more than once to any applicant
|
during any 12 consecutive month period. Persons currently |
receiving
financial assistance
under this Article or under any |
other Article of this Code shall not be eligible
for emergency |
financial assistance under this Section. However, the amount |
and nature of any emergency financial assistance is not |
affected by the payment of any rebate authorized under Section |
2201(a) of the Coronavirus Aid, Relief, and Economic Security |
Act (Public Law 116-136) or under any other federal economic |
stimulus program created in response to the COVID-19 emergency. |
Persons receiving
only medical assistance from the Illinois |
Department may, however, receive
emergency financial |
assistance under this Section. Emergency
financial assistance |
may be provided under this Section to persons who are
|
applicants for public aid from the Illinois Department in order |
to cover
time periods prior to receipt of public aid from the |
Illinois Department.
A local governmental unit may use General |
|
Assistance moneys to provide
emergency financial assistance |
under this Section but shall not use State
funds
to provide |
assistance
under this Section. If a local governmental unit |
receives State funds to
provide General Assistance under this |
Article, assistance provided by the
local governmental unit |
under
this Section shall not be considered in determining |
whether a local
governmental unit has qualified to receive |
State funds under Article XII.
A local governmental unit which |
provides assistance under this Section
shall not, as a result |
of payment of such assistance, change the nature or
amount of |
assistance provided to any other individual or family under |
this
Article.
|
(Source: P.A. 88-412.)
|
Section 35. The Housing Authorities Act is amended by |
changing Sections 8.2, 14, and 24 as follows:
|
(310 ILCS 10/8.2) (from Ch. 67 1/2, par. 8.2)
|
Sec. 8.2. Projects; competitive bidding; arrangement with |
for-profit developer. An Authority has power to prepare, carry |
out and operate
projects; to provide for the construction, |
reconstruction, improvement,
alteration or repair of any |
project or any part thereof; to take over by
purchase, lease, |
or otherwise any project undertaken by any government;
to act |
as agent for the Federal government in connection with the
|
acquisition, construction, operation, or management of a |
|
project or any
part thereof; to arrange with any government |
within the area of
operation for the furnishing, planning, |
replanning, opening or closing
of streets, roads, roadways, |
alleys, parks, or other places of public
facilities or for the |
acquisition by any government or any agency,
instrumentality or |
subdivision thereof, of property, options or property
rights or |
for the furnishing of property or services in connection with
a |
project; to function as an agency of the city, village, |
incorporated
town or county for which it is constituted an |
Authority and to act as an
agent (when so designated) for any |
government, with respect to matters
relating to housing and the |
purposes of this Act, including action for
the elimination of |
unsafe and unsanitary dwellings, the provision of
rental |
assistance, the clearing and redevelopment of blighted or slum
|
areas, the assembly of improved and unimproved land for |
development or
redevelopment purposes, the conservation and |
rehabilitation of existing
housing, and the provision of |
decent, safe and sanitary and affordable
housing |
accommodations, and to utilize any and all of its powers to |
assist
governments in any manner which will tend to further the |
objectives of this
Act; to assist through the exercise of the |
powers herein conferred any
individual, association, |
corporation or organization which presents a plan
for |
developing or redeveloping any property within the area of |
operation of
the Authority which will tend to provide decent, |
safe and sanitary and
affordable housing, or promote other uses |
|
essential to sound community growth.
|
In counties having a population of less than 1,000,000, any |
contract
in which State funds are used for repair, improvement |
or rehabilitation
of existing improvements that involves |
expenditures that meet the
requirements applicable to either |
federal or State programs shall be let by
free and competitive |
bidding to the lowest responsible bidder upon bond and
subject |
to regulations as may be set by the Department and with the |
written
approval of the Department. In the case of an emergency |
affecting the
public health or safety declared by a majority |
vote of the commissioners of
the Housing Authority, contracts |
may be let, to the extent necessary to
resolve an emergency, |
without public advertisement or competitive bidding.
|
In addition to the powers conferred by this Act and other |
laws concerning housing authorities, a Housing Authority in any |
municipality or county having a population in excess of |
1,000,000 shall be authorized to participate as a partner or |
member of a partnership, limited liability company, joint |
venture, or other form of a business arrangement with a |
for-profit developer or non-profit developer and shall have all |
powers deemed necessary and appropriate to engage in the |
rehabilitation and development or ownership, or both |
development and ownership, of low-income and mixed-income |
rental and for-sale housing as a partner or member of a |
partnership, limited liability company, or joint venture. |
(Source: P.A. 95-887, eff. 8-22-08.)
|
|
(310 ILCS 10/14) (from Ch. 67 1/2, par. 14)
|
Sec. 14. Approval of projects by Department. Prior to the |
acquisition of title to any real property an
Authority shall |
submit to the Department
data as to the location and cost of |
the property, and prior to the
undertaking of any construction |
or other initiation of a project an
Authority shall submit to |
the Department the
proposed plans, specifications and |
estimates of the costs and a
statement of the proposed methods |
of financing and operating the
project. An Authority shall not |
finally acquire title to any real
estate nor undertake the |
construction or operation of a project without
the approval of |
the Department; provided that, if the
Department shall fail |
within thirty days
after receipt thereof to state its |
disapproval of the proposals or such
modifications thereof as |
it may deem desirable, the proposals shall be
deemed to have |
been approved as submitted. No change involving an
expenditure |
of more than twenty-five hundred dollars ($2500) shall be
made |
in any proposal approved by the Department
without submission |
to the Department
in the manner prescribed in this Section. The |
provisions of this
Section shall not apply with reference to |
any project which is or is to
be financed in whole or in part by |
the federal government or any agency
or instrumentality thereof |
or undertaken pursuant to the additional powers conferred in |
Section 8.2 upon housing authorities in any municipality or |
county having a population in excess of 1,000,000 pursuant to |
|
this amendatory Act of the 95th General Assembly .
|
(Source: P.A. 95-887, eff. 8-22-08.)
|
(310 ILCS 10/24) (from Ch. 67 1/2, par. 24)
|
Sec. 24. Management and operation of housing projects. It |
is hereby declared to be the policy of this State that each |
housing
authority shall manage and operate its housing projects |
in an efficient
manner so as to enable it to fix the rentals |
for dwellings at the lowest
possible rates consistent with its |
providing decent, safe and sanitary
and affordable dwellings, |
and that no Housing Authority shall construct
or operate any |
project for profit, or as a source of revenue to a city,
|
village, incorporated town or county. To this end an Authority |
shall fix
the rentals for dwellings in its projects at no |
higher rates than it shall
find to be necessary in order to |
produce revenues which (together with all
other available |
moneys, revenues, income and receipts of the Authority from
|
whatever sources derived) will be sufficient (a) to pay, as the |
same
becomes due, the principal and interest on the bonds of |
the Authority; (b)
to meet and provide for the cost of |
maintaining and operating the projects
(including the cost of |
any insurance on the projects or bonds issued
therefor) and the |
administrative expenses of the Authority; (c) to create
(during |
not less than the ten years immediately succeeding its issuance |
of
any bonds) a reserve sufficient to meet the large principal |
and interest
payments which will be due on bonds in any 2 |
|
consecutive years
thereafter, and to maintain a reserve; and |
(d) to create a reasonable
reserve solely from any |
contributions or grants to the Authority from the
federal |
government, the State, or any political subdivision of the |
State
for the purpose of meeting the cost of maintaining and |
operating the
project and of paying the principal and interest |
on its bonds.
The management of low-rent public housing |
projects financed and developed
under the U.S. Housing Act of |
1937, as now or hereafter amended, shall be
in accordance with |
the provisions of that Act. The provisions of this Section 24 |
shall not apply to any project undertaken pursuant to the |
additional powers conferred in Section 8.2 upon housing |
authorities in any municipality or county having a population |
in excess of 1,000,000 pursuant to this amendatory Act of the |
95th General Assembly .
|
(Source: P.A. 95-887, eff. 8-22-08.)
|
Section 90. The State Mandates Act is amended by adding |
Section 8.44 as follows: |
(30 ILCS 805/8.44 new) |
Sec. 8.44. Exempt mandate. Notwithstanding Sections 6 and 8 |
of this Act, no reimbursement by the State is required for the |
implementation of any mandate created by Section 4-7 of the |
Illinois Local Library Act or Section 30-55.60 of the Public |
Library District Act of 1991.
|