State of Illinois
2013 and 2014


Introduced 2/14/2014, by Sen. Karen McConnaughay


70 ILCS 1205/2-17.5 new
70 ILCS 1205/2-18  from Ch. 105, par. 2-18
70 ILCS 1205/8-1  from Ch. 105, par. 8-1
70 ILCS 1205/8-9  from Ch. 105, par. 8-9

    Amends the Park District Code. Provides that the Fox Valley Pleasure Driveway and Park District is reorganized as a matter of law as the Fox Valley Park District. Provides for the transition from the existing park district board consisting of 6 appointed trustees with 4-year terms to a board of 7 elected commissioners with 4-year terms by providing for the appointed trustees now serving to be replaced as their terms expire by elected commissioners. Includes language concerning the length of terms for the commissioners elected in the first 2 elections held after the reorganization that corresponds to other portions of this Division. Makes corresponding changes in other Sections of the Code. Effective immediately.

LRB098 19455 JLK 55533 b






SB3387LRB098 19455 JLK 55533 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Park District Code is amended by changing
5Sections 2-18, 8-1, and 8-9 and by adding Section 2-17.5 as
7    (70 ILCS 1205/2-17.5 new)
8    Sec. 2-17.5. Fox Valley Park District.
9    (a) The Fox Valley Pleasure Driveway and Park District is
10reorganized by operation of law as the Fox Valley Park District
11under this Code on the effective date of this amendatory Act of
12the 98th General Assembly.
13    (b) Each Fox Valley Park District commissioner shall be a
14legal voter and reside within the park district. The proper
15election authority shall conduct the elections for
16commissioners at the time and in the manner provided by the
17general election law.
18    (c) Beginning with the general election in 2016, 7
19commissioners shall be elected for 4-year terms from
20single-member districts. The terms of office of the initial
21commissioners elected under this amendatory Act of the 98th
22General Assembly will run as follows, to be determined by lot:
234 members shall serve a 4-year term and may be re-elected for



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1subsequent 4-year terms, and 3 members shall serve a 2-year
2term and may be re-elected for subsequent 4-year terms
3thereafter. The number of commissioners who are residents of a
4county shall be in proportion, as nearly as practicable, to the
5number of residents of the district who reside in that county
6in relation to the total population of the district. The county
7board chairperson and county executive, as applicable, of Kane,
8DuPage, Kendall, and Will counties shall each appoint a member,
9approved by the respective county board, to a commission to
10draw the initial districts of the Fox Valley Park District.
11Each of the 4 members of the commission shall receive a
12weighted vote based upon the population of the district at the
13time of the last preceding federal decennial census. The
14commission shall draw and vote upon a map of single-member
15districts that shall be compact, contiguous, and respect county
16boundaries as closely as possible. These districts shall be
17drawn with preference given to drawing districts in single
18counties. By no later than July 1, 2015, the districts must be
19approved by the members of the commission for the initial
20election of commissioners. In the year following the next
21decennial census and each decennial census thereafter, the
22board of commissioners shall reapportion the districts to
23reflect the results of the census. The term of office for the
24commissioners elected under this Section shall commence on the
25first Monday of the month following the month of election. The
26terms of all appointed trustees serving on the effective date



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1of this amendatory Act of the 98th General Assembly shall end
2on December 4, 2016.
3    (d) The Fox Valley Park District board of commissioners
4shall elect officers of the board at the first meeting of the
5board following the next general election for park district
7    (e) As of the effective date of this amendatory Act of the
898th General Assembly, each Fox Valley Pleasure Driveway and
9Park District trustee in office shall, as a member of the board
10of the Fox Valley Park District, perform the duties and
11exercise the powers conferred upon park board commissioners
12under this Code, until his or her successor is elected and has
14    (f) Any tax authorized by referendum or other means under
15this Code and levied by the Fox Valley Pleasure Driveway and
16Park District before the effective date of this amendatory Act
17of the 98th General Assembly shall not be affected or abrogated
18because of the name change, and the Fox Valley Park District
19may continue to levy and collect that tax.
20    (70 ILCS 1205/2-18)  (from Ch. 105, par. 2-18)
21    Sec. 2-18. (a) Except for the Fox Valley Park District on
22and after the effective date of this amendatory Act of the 98th
23General Assembly, in In any Pleasure Driveway and Park District
24in which the legal voters have heretofore determined that the
25governing board shall be appointed, such method shall continue



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1in effect and the board shall consist of 7 trustees. In such
2case and if the district is wholly contained within a single
3county the trustees shall be appointed by the presiding officer
4of the county board with the advice and consent of the county
5board. If the district is located in more than one county, the
6number of trustees who are residents of a county shall be in
7proportion, as nearly as practicable, to the number of
8residents of the district who reside in that county in relation
9to the total population of the district, except that the board
10of trustees may determine that one trustee is to be appointed
11from each county within the district, such appointment to be
12made by the appropriate appointing authority as hereinafter
13provided. Each trustee shall be appointed by the county board
14of his or her county of residence, or in the case of a home rule
15county, by the chief executive officer of the county with the
16advice and consent of the county board.
17    (b) Upon the expiration of the term of a trustee who is in
18office at the time of the publication of each decennial Federal
19census of population, the successor shall be a resident of
20whichever county is entitled to such representation as
21determined under subsection (a), and he shall be appointed by
22the county board of that county, or in the case of a home rule
23county as defined by Article VII, Section 6 of the Illinois
24Constitution, the chief executive officer of that county, with
25the advice and consent of the county board. Thereafter, each
26trustee shall be succeeded by a resident of the same county who



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1shall be appointed by the same appointing authority. The
2appropriate appointing authority shall appoint trustees
3biennially for such district on the first Monday in July, to
4fill the vacancies on the board of trustees caused by the
5expiration of the term of office of trustees and the trustees
6shall be legal voters and reside within the park district;
7provided, that no more than 4 trustees at any one time shall
8belong to the same political party. Each of the trustees shall
9receive a certificate of appointment and qualify within 10 days
10from the receipt of notice of appointment.
11    Trustees shall be appointed for a period of 4 years and
12shall hold their office until their successors are appointed
13and qualified.
14    Whenever a vacancy is created other than by the expiration
15of a trustee's term of office, it shall be filled by the
16appropriate appointing authority as provided in subsection
18    All trustees appointed for any park district, as herein
19provided, shall have and exercise all the powers conferred upon
20trustees elected under the provisions of this Code.
21    In a Pleasure Driveway and Park District the trustees of
22which are appointed as herein provided, whenever a provision in
23this Code or any other applicable law authorizes a public
24question of any kind to be submitted to the electors of the
25district at an election, a petition by electors of the district
26asking that such question be submitted shall be signed by a



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1number of registered voters of such district equal to not less
2than 10% of the number of registered voters in the district as
3of the last preceding regular election.
4(Source: P.A. 86-694.)
5    (70 ILCS 1205/8-1)  (from Ch. 105, par. 8-1)
6    Sec. 8-1. General corporate powers. Every park district
7shall, from the time of its organization, be a body corporate
8and politic by the such name as set forth in the petition for
9its organization, the specific name set forth in this Code, or
10the such name as it may adopt under Section 8-9 8-8 hereof and
11shall have and exercise the following powers:
12    (a) To adopt a corporate seal and alter the same at
13pleasure; to sue and be sued; and to contract in furtherance of
14any of its corporate purposes.
15    (b) (1) To acquire by gift, legacy, grant or purchase, or
16by condemnation in the manner provided for the exercise of the
17power of eminent domain under the Eminent Domain Act, any and
18all real estate, or rights therein necessary for building,
19laying out, extending, adorning and maintaining any such parks,
20boulevards and driveways, or for effecting any of the powers or
21purposes granted under this Code as its board may deem proper,
22whether such lands be located within or without such district;
23but no park district, except as provided in paragraph (2) of
24this subsection, shall have any power of condemnation in the
25manner provided for the exercise of the power of eminent domain



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1under the Eminent Domain Act or otherwise as to any real
2estate, lands, riparian rights or estate, or other property
3situated outside of such district, but shall only have power to
4acquire the same by gift, legacy, grant or purchase, and such
5district shall have the same control of and power over lands so
6acquired without the district as over parks, boulevards and
7driveways within such district.
8    (2) In addition to the powers granted in paragraph (1) of
9subsection (b), a park district located in more than one
10county, the majority of its territory located in a county over
11450,000 in population and none of its territory located in a
12county over 1,000,000 in population, shall have condemnation
13power in the manner provided for the exercise of the power of
14eminent domain under the Eminent Domain Act or as otherwise
15granted by law as to any and all real estate situated up to one
16mile outside of such district which is not within the
17boundaries of another park district.
18    (c) To acquire by gift, legacy or purchase any personal
19property necessary for its corporate purposes provided that all
20contracts for supplies, materials or work involving an
21expenditure in excess of $20,000 shall be let to the lowest
22responsible bidder after due advertisement. No district shall
23be required to accept a bid that does not meet the district's
24established specifications, terms of delivery, quality, and
25serviceability requirements. Contracts which, by their nature,
26are not adapted to award by competitive bidding, such as



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1contracts for the services of individuals possessing a high
2degree of professional skill where the ability or fitness of
3the individual plays an important part, contracts for the
4printing of finance committee reports and departmental
5reports, contracts for the printing or engraving of bonds, tax
6warrants and other evidences of indebtedness, contracts for
7utility services such as water, light, heat, telephone or
8telegraph, contracts for the use, purchase, delivery,
9movement, or installation of data processing equipment,
10software, or services and telecommunications and interconnect
11equipment, software, or services, contracts for duplicating
12machines and supplies, contracts for goods or services procured
13from another governmental agency, purchases of equipment
14previously owned by some entity other than the district itself,
15and contracts for the purchase of magazines, books,
16periodicals, pamphlets and reports are not subject to
17competitive bidding. Contracts for emergency expenditures are
18also exempt from competitive bidding when the emergency
19expenditure is approved by 3/4 of the members of the board.
20    All competitive bids for contracts involving an
21expenditure in excess of $20,000 must be sealed by the bidder
22and must be opened by a member or employee of the park board at
23a public bid opening at which the contents of the bids must be
24announced. Each bidder must receive at least 3 days notice of
25the time and place of the bid opening.
26    For purposes of this subsection, "due advertisement"



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1includes, but is not limited to, at least one public notice at
2least 10 days before the bid date in a newspaper published in
3the district or, if no newspaper is published in the district,
4in a newspaper of general circulation in the area of the
6    (d) To pass all necessary ordinances, rules and regulations
7for the proper management and conduct of the business of the
8board and district and to establish by ordinance all needful
9rules and regulations for the government and protection of
10parks, boulevards and driveways and other property under its
11jurisdiction, and to effect the objects for which such
12districts are formed.
13    (e) To prescribe such fines and penalties for the violation
14of ordinances as it shall deem proper not exceeding $1,000 for
15any one offense, which fines and penalties may be recovered by
16an action in the name of such district in the circuit court for
17the county in which such violation occurred. The park district
18may also seek in the action, in addition to or instead of fines
19and penalties, an order that the offender be required to make
20restitution for damage resulting from violations, and the court
21shall grant such relief where appropriate. The procedure in
22such actions shall be the same as that provided by law for like
23actions for the violation of ordinances in cities organized
24under the general laws of this State, and offenders may be
25imprisoned for non-payment of fines and costs in the same
26manner as in such cities. All fines when collected shall be



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1paid into the treasury of such district.
2    (f) To manage and control all officers and property of such
3districts and to provide for joint ownership with one or more
4cities, villages or incorporated towns of real and personal
5property used for park purposes by one or more park districts.
6In case of joint ownership, the terms of the agreement shall be
7fair, just and equitable to all parties and shall be set forth
8in a written agreement entered into by the corporate
9authorities of each participating district, city, village or
10incorporated town.
11    (g) To secure grants and loans, or either, from the United
12States Government, or any agency or agencies thereof, for
13financing the acquisition or purchase of any and all real
14estate, or rights therein, or for effecting any of the powers
15or purposes granted under this Code as its Board may deem
17    (h) To establish fees for the use of facilities and
18recreational programs of the districts and to derive revenue
19from non-resident fees from their operations. Fees charged
20non-residents of such district need not be the same as fees
21charged to residents of the district. Charging fees or deriving
22revenue from the facilities and recreational programs shall not
23affect the right to assert or utilize any defense or immunity,
24common law or statutory, available to the districts or their
26    (i) To make contracts for a term exceeding one year, but



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1not to exceed 3 years, notwithstanding any provision of this
2Code to the contrary, relating to: (1) the employment of a park
3director, superintendent, administrator, engineer, health
4officer, land planner, finance director, attorney, police
5chief, or other officer who requires technical training or
6knowledge; (2) the employment of outside professional
7consultants such as engineers, doctors, land planners,
8auditors, attorneys, or other professional consultants who
9require technical training or knowledge; (3) the provision of
10data processing equipment and services; and (4) the purchase of
11energy from a utility or an alternative retail electric
12supplier. With respect to any contract made under this
13subsection (i), the corporate authorities shall include in the
14annual appropriation ordinance for each fiscal year an
15appropriation of a sum of money sufficient to pay the amount
16which, by the terms of the contract, is to become due and
17payable during that fiscal year.
18    (j) To enter into licensing or management agreements with
19not-for-profit corporations organized under the laws of this
20State to operate park district facilities if the corporation
21covenants to use the facilities to provide public park or
22recreational programs for youth.
23(Source: P.A. 98-325, eff. 8-12-13.)
24    (70 ILCS 1205/8-9)  (from Ch. 105, par. 8-9)
25    Sec. 8-9. Name change.



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1    (a) Whenever two-thirds of the governing board of a park
2district shall approve an ordinance or resolution to change the
3name of such park district, a copy of such ordinance or
4resolution shall be duly certified by the president and
5secretary of such board and filed in the office of the county
6clerk of the counties wherein such park district is located.
7Upon the filing of the aforesaid ordinance or resolution for
8change of name in the office of said county clerk such change
9of name of such park district shall be complete.
10    (b) Whenever a Public Act changes the name of a park
11district, the secretary of the board of the park district
12shall, within 30 days after the date upon which the Public Act
13becomes law, obtain copies of the Public Act that are duly
14certified by the Secretary of State and file a certified copy
15of the Public Act in the office of the county clerk of each
16county in which the park district is located. The change of
17name of a park district by a Public Act shall be complete upon
18the Public Act becoming law.
19(Source: Laws 1951, p. 113.)
20    Section 99. Effective date. This Act takes effect upon
21becoming law.