HB5308 101ST GENERAL ASSEMBLY

LRB101 20620 AWJ 70266 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5308

Introduced , by Rep. Tom Weber

SYNOPSIS AS INTRODUCED:

70 ILCS 805/8	from Ch. 96 1/2, par. 6315
70 ILCS 805/12	from Ch. 96 1/2, par. 6322

Amends the Downstate Forest Preserve District Act. Removes a provision providing that the president of the board is the executive officer of the district. Provides that the board of a forest preserve district may appoint an executive officer of the district and they may appoint the president of the board as executive officer of the district. Provides that a president that is an executive officer on the effective date of the amendatory Act shall remain the executive officer until the conclusion of the president's term of office or the board appoints another individual as executive officer, whichever is earlier, unless the board reappoints the president as executive officer. Provides that an appointed executive officer of a district has the sole power to appoint, employ, or terminate employees as may be necessary or, if no executive officer has been appointed, then the president of the board has such powers. Provides that the president of the board of a forest preserve district shall not cancel an event occurring on forest preserve district property without the approval of the board, except in the case of preserving public safety or in the event of an emergency. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Downstate Forest Preserve District Act is amended by changing Sections 8 and 12 as follows:

(70 ILCS 805/8) (from Ch. 96 1/2, par. 6315)

Sec. 8. Powers and duties of corporate authority and officers; contracts; salaries.

(a) The board shall be the corporate authority of such forest preserve district and shall have power to pass and enforce all necessary ordinances, rules and regulations for the management of the property and conduct of the business of such district. For forest preserve districts that do not appoint an executive officer to manage the day-to-day operations of the forest preserve district, the The president of such board shall have power to appoint, employe, or terminate such employees as may be necessary. For forest preserve districts that appoint an executive officer to manage the day-to-day operations of the forest preserve district, the executive officer has the sole power to appoint, employ, or terminate employees as may be necessary. In counties with population of less than 3,000,000, within 60 days after their selection the commissioners appointed under the provisions of Section 3a of this Act shall organize by selecting from their members a president, vice president, secretary, treasurer and such other officers as are deemed necessary who shall hold office for the fiscal year in which elected and until their successors are selected and qualify. In the one district in existence on July 1, 1977, that is managed by an appointed board of commissioners, the incumbent president and the other officers appointed in the manner as originally prescribed in this Act shall hold such offices until the completion of their respective terms or in the case of the officers other than president until their successors are appointed by said president, but in all cases not to extend beyond January 1, 1980 and until their successors are selected and qualify. Thereafter, the officers shall be selected in the manner as prescribed in this Section except that their first term of office shall not expire until June 30, 1981 and until their successors are selected and qualify.

(a-5) An officer selected pursuant to subsection (a) may be removed, with or without cause, upon a motion adopted by an affirmative vote of four-fifths of the board of the forest preserve district. Upon adoption of a motion to remove an officer: (i) the office becomes vacant and the former officer's compensation shall be prorated to the date the motion was approved; (ii) if the officer removed is the president then the vice president immediately assumes the duties of the president without president compensation and, if the officer removed is the vice president, treasurer, or secretary, then the president shall select an interim appointee who shall serve until the next regularly scheduled forest preserve district board meeting; and (iii) a new officer shall be selected at the next regularly scheduled forest preserve district board meeting. An officer removed under this Section maintains his or her status as a member of the forest preserve district board.

(b) In any county, city, village, incorporated town or sanitary district where the corporate authorities act as the governing body of a forest preserve district, the person exercising the powers of the president of the board shall have power to appoint a secretary and an assistant secretary and treasurer and an assistant treasurer and such other officers and such employees as may be necessary. The assistant secretary and assistant treasurer shall perform the duties of the secretary and treasurer, respectively in case of death of such officers or when such officers are unable to perform the duties of their respective offices. All contracts for supplies, material or work involving an expenditure in excess of $25,000, or a lower amount if required by board policy, shall be let to the lowest responsible bidder, after advertising at least once in one or more newspapers of general circulation within the district, excepting work requiring personal confidence or necessary supplies under the control of monopolies, where competitive bidding is impossible. Contracts for supplies, material or work involving an expenditure of $25,000, or a lower amount if required by board policy, or less may be let without advertising for bids, but whenever practicable, at least 3 competitive bids shall be obtained before letting such contract. All contracts for supplies, material or work shall be signed by the president of the board of commissioners or by any such other officer as the board in its discretion may designate.

(c) The president of any board of commissioners appointed under the provisions of Section 3a of this Act shall receive a salary not to exceed the sum of $2500 per annum and the salary of other members of the board so appointed shall not exceed $1500 per annum. Salaries of the commissioners, officers and employees shall be fixed by ordinance.

(d) Whenever a forest preserve district owns any personal property that, in the opinion of three-fifths of the members of the board of commissioners, is no longer necessary, useful to, or for the best interests of the forest preserve district, then three-fifths of the members of the board, at any regular meeting or any special meeting called for that purpose by an ordinance or resolution that includes a general description of the personal property, may authorize the conveyance or sale of that personal property in any manner that they may designate, with or without advertising the sale.

(Source: P.A. 101-544, eff. 8-23-19.)

(70 ILCS 805/12) (from Ch. 96 1/2, par. 6322)

Sec. 12. The president of the board of any district organized hereunder, shall preside at all meetings of the board, be the executive officer of the district, and be a member of the board. The board may appoint an executive officer of the district and they may appoint the president of the board as executive officer of the district. The president or executive officer He shall sign all ordinances, resolutions and other papers necessary to be signed and shall execute all contracts entered into by the district and perform other duties as may be prescribed by ordinance. The president He may veto any ordinance and any orders, resolutions and actions, or any items therein contained, of the board which provide for the purchase of real estate, or for the construction of improvements within the preserves of the district. Such veto shall be filed with the secretary of the board within 5 days after the passage of the ordinance, order, resolution or action and when so vetoed the ordinance, order, resolution or action or any item therein contained is not effective unless it is again passed by two-thirds vote of all the members of the board. The president may vote in the same manner as the other members of the board. In the temporary absence or inability of the president, the members of the board may elect from their own number a president, pro tem. Notwithstanding any other provision of law, the president of the board shall not cancel an event occurring on forest preserve district property without the approval of the board, except in the case of preserving public safety or in the event of an emergency. An event includes, but is not limited to, a public or private event such as a gathering, festival, convention, play, theatrical event, athletic contests, expose, trade show, picnic, celebration, amusement, reenactment, charitable event, commemoration, or any other event on forest preserve district property.

The "Yeas" and "Nays" shall be taken, and entered on the journal of the board's proceedings, upon the passage of all ordinances and all proposals to create any liability, or for the expenditure or appropriation of money. The concurrence of a majority of all the members elected or appointed to the board is necessary to the passage of any such ordinance or proposal. In all other cases the "Yeas" and "Nays" shall be taken at the request of any member of the board and shall be entered on the journal of the board's proceedings.

A president that is an executive officer on the effective date of this amendatory Act of the 101st General Assembly shall remain the executive officer until the conclusion of the president's term of office or the board appoints another individual as executive officer, whichever is earlier, unless the board reappoints the president as executive officer.

(Source: P.A. 91-933, eff. 12-30-00.)

Section 99. Effective date. This Act takes effect upon becoming law.