Illinois General Assembly - Full Text of HB3872
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Full Text of HB3872  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/22/2021, by Rep. Terra Costa Howard


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

    Amends the Downstate Forest Preserve District Act. Provides that a contract may be entered into by the corporate authorities acting as the governing body of a forest preserve district, without advertising for bids, if authorized by a vote of two-thirds of all the aldermen, trustees, or commissioners then holding office.

LRB102 17072 AWJ 22501 b





HB3872LRB102 17072 AWJ 22501 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 Section 8 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. The president of such board shall have power to
14appoint such employees as may be necessary. In counties with
15population of less than 3,000,000, within 60 days after their
16selection the commissioners appointed under the provisions of
17Section 3a of this Act shall organize by selecting from their
18members a president, vice president, secretary, treasurer and
19such other officers as are deemed necessary who shall hold
20office for the fiscal year in which elected and until their
21successors are selected and qualify. In the one district in
22existence on July 1, 1977, that is managed by an appointed
23board of commissioners, the incumbent president and the other



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1officers appointed in the manner as originally prescribed in
2this Act shall hold such offices until the completion of their
3respective terms or in the case of the officers other than
4president until their successors are appointed by said
5president, but in all cases not to extend beyond January 1,
61980 and until their successors are selected and qualify.
7Thereafter, the officers shall be selected in the manner as
8prescribed in this Section except that their first term of
9office shall not expire until June 30, 1981 and until their
10successors are selected and qualify.
11    (a-5) An officer selected pursuant to subsection (a) may
12be removed, with or without cause, upon a motion adopted by an
13affirmative vote of four-fifths of the board of the forest
14preserve district. Upon adoption of a motion to remove an
15officer: (i) the office becomes vacant and the former
16officer's compensation shall be prorated to the date the
17motion was approved; (ii) if the officer removed is the
18president then the vice president immediately assumes the
19duties of the president without president compensation and, if
20the officer removed is the vice president, treasurer, or
21secretary, then the president shall select an interim
22appointee who shall serve until the next regularly scheduled
23forest preserve district board meeting; and (iii) a new
24officer shall be selected at the next regularly scheduled
25forest preserve district board meeting. An officer removed
26under this Section maintains his or her status as a member of



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1the forest preserve district board.
2    (b) In any county, city, village, incorporated town or
3sanitary district where the corporate authorities act as the
4governing body of a forest preserve district, the person
5exercising the powers of the president of the board shall have
6power to appoint a secretary and an assistant secretary and
7treasurer and an assistant treasurer and such other officers
8and such employees as may be necessary. The assistant
9secretary and assistant treasurer shall perform the duties of
10the secretary and treasurer, respectively in case of death of
11such officers or when such officers are unable to perform the
12duties of their respective offices. All contracts for
13supplies, material or work involving an expenditure in excess
14of $25,000, or a lower amount if required by board policy,
15shall be let to the lowest responsible bidder, after
16advertising at least once in one or more newspapers of general
17circulation within the district, excepting: (1) work requiring
18personal confidence or necessary supplies under the control of
19monopolies, where competitive bidding is impossible; or (2) a
20contract that has been entered into by the corporate
21authorities acting as the governing body of the forest
22preserve district, without advertising for bids, if authorized
23by a vote of two-thirds of all the aldermen, trustees, or
24commissioners then holding office. Contracts for supplies,
25material or work involving an expenditure of $25,000, or a
26lower amount if required by board policy, or less may be let



HB3872- 4 -LRB102 17072 AWJ 22501 b

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