Illinois General Assembly - Full Text of HB3819
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Full Text of HB3819  102nd General Assembly

HB3819 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3819

 

Introduced 2/22/2021, 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 director of the district. Provides that the board of a forest preserve district may appoint an executive director of the district and they may appoint the president of the board as executive director of the district. Provides that a president that is an executive director on the effective date of the amendatory Act shall remain the executive director until the conclusion of the president's term of office or the board appoints another individual as executive director, whichever is earlier, unless the board reappoints the president as executive director. Provides that an appointed executive director of a district has the sole power to appoint, employ, or terminate employees as may be necessary or, if no executive director 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.


LRB102 14643 AWJ 19996 b

FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3819LRB102 14643 AWJ 19996 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 Downstate Forest Preserve District Act is
5amended by changing Sections 8 and 12 as follows:
 
6    (70 ILCS 805/8)  (from Ch. 96 1/2, par. 6315)
7    Sec. 8. Powers and duties of corporate authority and
8officers; contracts; salaries.
9    (a) The board shall be the corporate authority of such
10forest preserve district and shall have power to pass and
11enforce all necessary ordinances, rules and regulations for
12the management of the property and conduct of the business of
13such district. For forest preserve districts that do not
14appoint an executive director to manage the day-to-day
15operations of the forest preserve district, the The president
16of such board shall have power to appoint, employ, or
17terminate such employees as may be necessary. For forest
18preserve districts that appoint an executive director to
19manage the day-to-day operations of the forest preserve
20district, the executive director has the sole power to
21appoint, employ, or terminate employees as may be necessary.
22In counties with population of less than 3,000,000, within 60
23days after their selection the commissioners appointed under

 

 

HB3819- 2 -LRB102 14643 AWJ 19996 b

1the provisions of Section 3a of this Act shall organize by
2selecting from their members a president, vice president,
3secretary, treasurer and such other officers as are deemed
4necessary who shall hold office for the fiscal year in which
5elected and until their successors are selected and qualify.
6In the one district in existence on July 1, 1977, that is
7managed by an appointed board of commissioners, the incumbent
8president and the other officers appointed in the manner as
9originally prescribed in this Act shall hold such offices
10until the completion of their respective terms or in the case
11of the officers other than president until their successors
12are appointed by said president, but in all cases not to extend
13beyond January 1, 1980 and until their successors are selected
14and qualify. Thereafter, the officers shall be selected in the
15manner as prescribed in this Section except that their first
16term of office shall not expire until June 30, 1981 and until
17their successors are selected and qualify.
18    (a-5) An officer selected pursuant to subsection (a) may
19be removed, with or without cause, upon a motion adopted by an
20affirmative vote of four-fifths of the board of the forest
21preserve district. Upon adoption of a motion to remove an
22officer: (i) the office becomes vacant and the former
23officer's compensation shall be prorated to the date the
24motion was approved; (ii) if the officer removed is the
25president then the vice president immediately assumes the
26duties of the president without president compensation and, if

 

 

HB3819- 3 -LRB102 14643 AWJ 19996 b

1the officer removed is the vice president, treasurer, or
2secretary, then the president shall select an interim
3appointee who shall serve until the next regularly scheduled
4forest preserve district board meeting; and (iii) a new
5officer shall be selected at the next regularly scheduled
6forest preserve district board meeting. An officer removed
7under this Section maintains his or her status as a member of
8the forest preserve district board.
9    (b) In any county, city, village, incorporated town or
10sanitary district where the corporate authorities act as the
11governing body of a forest preserve district, the person
12exercising the powers of the president of the board shall have
13power to appoint a secretary and an assistant secretary and
14treasurer and an assistant treasurer and such other officers
15and such employees as may be necessary. The assistant
16secretary and assistant treasurer shall perform the duties of
17the secretary and treasurer, respectively in case of death of
18such officers or when such officers are unable to perform the
19duties of their respective offices. All contracts for
20supplies, material or work involving an expenditure in excess
21of $25,000, or a lower amount if required by board policy,
22shall be let to the lowest responsible bidder, after
23advertising at least once in one or more newspapers of general
24circulation within the district, excepting work requiring
25personal confidence or necessary supplies under the control of
26monopolies, where competitive bidding is impossible. Contracts

 

 

HB3819- 4 -LRB102 14643 AWJ 19996 b

1for supplies, material or work involving an expenditure of
2$25,000, or a lower amount if required by board policy, or less
3may be let without advertising for bids, but whenever
4practicable, at least 3 competitive bids shall be obtained
5before letting such contract. All contracts for supplies,
6material or work shall be signed by the president of the board
7of commissioners or by any such other officer as the board in
8its discretion may designate.
9    (c) The president of any board of commissioners appointed
10under the provisions of Section 3a of this Act shall receive a
11salary not to exceed the sum of $2500 per annum and the salary
12of other members of the board so appointed shall not exceed
13$1500 per annum. Salaries of the commissioners, officers and
14employees shall be fixed by ordinance.
15    (d) Whenever a forest preserve district owns any personal
16property that, in the opinion of three-fifths of the members
17of the board of commissioners, is no longer necessary, useful
18to, or for the best interests of the forest preserve district,
19then three-fifths of the members of the board, at any regular
20meeting or any special meeting called for that purpose by an
21ordinance or resolution that includes a general description of
22the personal property, may authorize the conveyance or sale of
23that personal property in any manner that they may designate,
24with or without advertising the sale.
25(Source: P.A. 101-544, eff. 8-23-19.)
 

 

 

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1    (70 ILCS 805/12)  (from Ch. 96 1/2, par. 6322)
2    Sec. 12. The president of the board of any district
3organized hereunder, shall preside at all meetings of the
4board, be the executive officer of the district, and be a
5member of the board. The board may appoint an executive
6director of the district and they may appoint the president of
7the board as executive director of the district. The president
8or executive director He shall sign all ordinances,
9resolutions and other papers necessary to be signed and shall
10execute all contracts entered into by the district and perform
11other duties as may be prescribed by ordinance. The president
12He may veto any ordinance and any orders, resolutions and
13actions, or any items therein contained, of the board which
14provide for the purchase of real estate, or for the
15construction of improvements within the preserves of the
16district. Such veto shall be filed with the secretary of the
17board within 5 days after the passage of the ordinance, order,
18resolution or action and when so vetoed the ordinance, order,
19resolution or action or any item therein contained is not
20effective unless it is again passed by two-thirds vote of all
21the members of the board. The president may vote in the same
22manner as the other members of the board. In the temporary
23absence or inability of the president, the members of the
24board may elect from their own number a president, pro tem.
25Notwithstanding any other provision of law, the president of
26the board shall not cancel an event occurring on forest

 

 

HB3819- 6 -LRB102 14643 AWJ 19996 b

1preserve district property without the approval of the board,
2except in the case of preserving public safety or in the event
3of an emergency. An event includes, but is not limited to, a
4public or private event such as a gathering, festival,
5convention, play, theatrical event, athletic contests, expose,
6trade show, picnic, celebration, amusement, reenactment,
7charitable event, commemoration, or any other event on forest
8preserve district property.
9    The "Yeas" and "Nays" shall be taken, and entered on the
10journal of the board's proceedings, upon the passage of all
11ordinances and all proposals to create any liability, or for
12the expenditure or appropriation of money. The concurrence of
13a majority of all the members elected or appointed to the board
14is necessary to the passage of any such ordinance or proposal.
15In all other cases the "Yeas" and "Nays" shall be taken at the
16request of any member of the board and shall be entered on the
17journal of the board's proceedings.
18    A president that is an executive director on the effective
19date of this amendatory Act of the 102nd General Assembly
20shall remain the executive director until the conclusion of
21the president's term of office or the board appoints another
22individual as executive director, whichever is earlier, unless
23the board reappoints the president as executive officer.
24(Source: P.A. 91-933, eff. 12-30-00.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.