093_HB1755ham001

 










                                     LRB093 04710 MKM 13683 a

 1                    AMENDMENT TO HOUSE BILL 1755

 2        AMENDMENT NO.     .  Amend House Bill 1755  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Downstate Forest Preserve District Act
 5    is amended by changing Section 8 as follows:

 6        (70 ILCS 805/8) (from Ch. 96 1/2, par. 6315)
 7        Sec. 8. The board shall be  the  corporate  authority  of
 8    such  forest  preserve  district and shall have power to pass
 9    and enforce all necessary ordinances, rules  and  regulations
10    for  the  management  of  the  property  and  conduct  of the
11    business of such district. The president of such board  shall
12    have power to appoint such employees as may be necessary.  In
13    counties  with  population  of less than 3,000,000, within 60
14    days after their selection the commissioners appointed  under
15    the  provisions  of  Section 3a of this Act shall organize by
16    selecting  from  their  members   a   president,   secretary,
17    treasurer and such other officers as are deemed necessary who
18    shall  hold  office  for the fiscal year in which elected and
19    until their successors are selected and qualify.  In the  one
20    district  in existence on July 1, 1977, that is managed by an
21    appointed board of commissioners, the incumbent president and
22    the other officers appointed  in  the  manner  as  originally
 
                            -2-      LRB093 04710 MKM 13683 a
 1    prescribed  in  this  Act  shall  hold such offices until the
 2    completion of their respective terms or in the  case  of  the
 3    officers  other  than  president  until  their successors are
 4    appointed by said president, but in all cases not  to  extend
 5    beyond  January  1,  1980  and  until  their  successors  are
 6    selected  and  qualify.   Thereafter,  the  officers shall be
 7    selected in the manner as prescribed in this  Section  except
 8    that  their  first term of office shall not expire until June
 9    30, 1981 and until their successors are selected and qualify.
10        In  any  county,  city,  village,  incorporated  town  or
11    sanitary district where the corporate authorities act as  the
12    governing  body  of  a  forest  preserve district, the person
13    exercising the powers of the president  of  the  board  shall
14    have  power to appoint a secretary and an assistant secretary
15    and treasurer and  an  assistant  treasurer  and  such  other
16    officers   and  such  employees  as  may  be  necessary.  The
17    assistant secretary and assistant treasurer shall perform the
18    duties of the secretary and treasurer, respectively  in  case
19    of death of such officers or when such officers are unable to
20    perform the duties of their respective offices. All contracts
21    for  supplies,  material  or work involving an expenditure in
22    excess  of  $15,000  $10,000  shall  be  let  to  the  lowest
23    responsible bidder, after advertising at least once in one or
24    more newspapers of general circulation within  the  district,
25    excepting:  (a)  work requiring personal confidence; (b) work
26    by individuals possessing a high degree of professional skill
27    where the ability or  fitness  of  the  individual  plays  an
28    important  part;  (c)  contracts for utility service, such as
29    gas and electric; (d) contracts for services or supplies that
30    require  integration  with  existing  systems   or   existing
31    computer  hardware and software, such as security systems and
32    integrated computer systems; (e) contracts for  the  purchase
33    of  magazines, books, periodicals, and similar articles of an
34    educational or instructional nature; (f)  contracts  that  by
 
                            -3-      LRB093 04710 MKM 13683 a
 1    their nature are not adapted to award by competitive bidding,
 2    such  as telecommunication systems and contracts for services
 3    or supplies that are available only from a single source; (g)
 4    contracts for maintaining,  servicing,  or  providing  repair
 5    parts  for  equipment  that are made with the manufacturer or
 6    authorized service agent of  that  equipment  when  providing
 7    parts, maintaining, or servicing can best be performed by the
 8    manufacturer  or  authorized service agent; and (h) contracts
 9    required to meet an immediate emergency affecting the  public
10    health,  safety,  or  welfare,  in  which  case  the board of
11    commissioners must set forth the nature of the danger to  the
12    public health, safety, or welfare or necessary supplies under
13    the  control  of  monopolies,  where  competitive  bidding is
14    impossible.  Contracts  for  supplies,   material   or   work
15    involving  an  expenditure  of $15,000 $10,000 or less may be
16    let without advertising for bids, but  whenever  practicable,
17    at  least 3 competitive bids shall be obtained before letting
18    such contract. All contracts for supplies, material  or  work
19    shall   be   signed   by   the  president  of  the  board  of
20    commissioners or by any such other officer as  the  board  in
21    its discretion may designate.
22        The  president  of  any  board of commissioners appointed
23    under the provisions of Section 3a of this Act shall  receive
24    a  salary  not  to  exceed the sum of $2500 per annum and the
25    salary of other members of the board so appointed  shall  not
26    exceed  $1500  per  annum.  Salaries  of  the  commissioners,
27    officers and employees shall be fixed by ordinance.
28    (Source: P.A. 85-993.)

29        Section 10.  The Cook County Forest Preserve District Act
30    is amended by changing Section 14 as follows:

31        (70 ILCS 810/14) (from Ch. 96 1/2, par. 6417)
32        Sec.  14.   The board, as corporate authority of a forest
 
                            -4-      LRB093 04710 MKM 13683 a
 1    preserve district, shall have power to pass and  enforce  all
 2    necessary   ordinances,   rules   and   regulations  for  the
 3    management of the property and conduct  of  the  business  of
 4    such  district.  The president of such board shall have power
 5    to appoint  a  secretary  and  an  assistant  secretary,  and
 6    treasurer  and an assistant treasurer and such other officers
 7    and  such  employees  as  may  be  necessary,  all  of  whom,
 8    excepting the treasurer and attorneys, shall be  under  civil
 9    service  rules  and regulations, as provided in Section 17 of
10    this Act. The assistant  secretary  and  assistant  treasurer
11    shall  perform  the  duties  of  the secretary and treasurer,
12    respectively, in case of death of said officers or when  said
13    officers are unable to perform the duties of their respective
14    offices because of absence or inability to act. All contracts
15    for  supplies,  material  or work involving an expenditure by
16    forest preserve districts in excess of $15,000 $10,000  shall
17    be   let   to   the  lowest  responsible  bidder,  after  due
18    advertisement,  excepting:  (a)   work   requiring   personal
19    confidence;  (b) work by individuals possessing a high degree
20    of professional skill where the ability  or  fitness  of  the
21    individual plays an important part; (c) contracts for utility
22    service, such as gas and electric; (d) contracts for services
23    or supplies that require integration with existing systems or
24    existing  computer  hardware  and  software, such as security
25    systems and integrated computer systems;  (e)  contracts  for
26    the  purchase  of  magazines, books, periodicals, and similar
27    articles of  an  educational  or  instructional  nature;  (f)
28    contracts  that  by  their nature are not adapted to award by
29    competitive bidding, such as  telecommunication  systems  and
30    contracts  for  services  or supplies that are available only
31    from  a  single  source;  (g)  contracts   for   maintaining,
32    servicing,  or  providing repair parts for equipment that are
33    made with the manufacturer or  authorized  service  agent  of
34    that   equipment   when   providing  parts,  maintaining,  or
 
                            -5-      LRB093 04710 MKM 13683 a
 1    servicing can  best  be  performed  by  the  manufacturer  or
 2    authorized  service agent; and (h) contracts required to meet
 3    an immediate emergency affecting the public  health,  safety,
 4    or welfare, in which case the board of commissioners must set
 5    forth  the nature of the danger to the public health, safety,
 6    or  welfare  or  necessary  supplies  under  the  control  of
 7    monopolies,  where   competitive   bidding   is   impossible.
 8    Contracts   for  supplies,  material  or  work  involving  an
 9    expenditure of $15,000 $10,000 or less  may  be  let  without
10    advertising  for  bids,  but whenever practicable, at least 3
11    competitive  bids  shall  be  obtained  before  letting  such
12    contract. All contracts for supplies, material or work  shall
13    be signed by the president of the board and by any such other
14    officer as the board in its discretion may designate.
15        Salaries of employees shall be fixed by ordinance.
16    (Source: P.A. 83-1402.)

17        Section   15.  The  Park  District  Code  is  amended  by
18    changing Section 8-1 as follows:

19        (70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
20        Sec. 8-1.  Every park district shall, from  the  time  of
21    its  organization,  be  a  body corporate and politic by such
22    name as set forth in the petition  for  its  organization  or
23    such  name as it may adopt under Section 8-8 hereof and shall
24    have and exercise the following powers:
25        (a)  To adopt a corporate seal  and  alter  the  same  at
26    pleasure;  to sue and be sued; and to contract in furtherance
27    of any of its corporate purposes.
28        (b) (1)  To acquire by gift, legacy, grant  or  purchase,
29    or by condemnation in the manner provided for the exercise of
30    the  power of eminent domain under Article VII of the Code of
31    Civil Procedure, approved August 19, 1981,  as  amended,  any
32    and   all  real  estate,  or  rights  therein  necessary  for
 
                            -6-      LRB093 04710 MKM 13683 a
 1    building, laying out, extending, adorning and maintaining any
 2    such parks, boulevards and driveways, or for effecting any of
 3    the powers or purposes granted under this Code as  its  board
 4    may  deem  proper,  whether  such  lands be located within or
 5    without such  district;  but  no  park  district,  except  as
 6    provided  in paragraph (2) of this subsection, shall have any
 7    power of condemnation in the manner provided for the exercise
 8    of the power of eminent domain under Article VII of the  Code
 9    of  Civil Procedure, approved August 19, 1981, as amended, or
10    otherwise as to any real estate, lands,  riparian  rights  or
11    estate,  or other property situated outside of such district,
12    but shall only have  power  to  acquire  the  same  by  gift,
13    legacy,  grant  or purchase, and such district shall have the
14    same control of and power over lands so acquired without  the
15    district  as over parks, boulevards and driveways within such
16    district.
17        (2)  In addition to the powers granted in  paragraph  (1)
18    of  subsection  (b), a park district located in more than one
19    county, the majority of its territory  located  in  a  county
20    over  450,000 in population and none of its territory located
21    in  a  county  over  1,000,000  in  population,  shall   have
22    condemnation power in the manner provided for the exercise of
23    the  power of eminent domain under Article VII of the Code of
24    Civil Procedure, approved August 19, 1981, as amended, or  as
25    otherwise  granted  by  law  as  to  any  and all real estate
26    situated up to one mile outside of such district which is not
27    within the boundaries of another park district.
28        (c)  To acquire by gift, legacy or purchase any  personal
29    property  necessary  for its corporate purposes provided that
30    all contracts for supplies, materials or  work  involving  an
31    expenditure  in excess of $15,000 $10,000 shall be let to the
32    lowest  responsible  bidder,  considering   conformity   with
33    specifications,    terms    of    delivery,    quality,   and
34    serviceability, after due advertisement, excepting  contracts
 
                            -7-      LRB093 04710 MKM 13683 a
 1    which by their nature are not adapted to award by competitive
 2    bidding,  such  as  contracts for the services of individuals
 3    possessing a high degree  of  professional  skill  where  the
 4    ability or fitness of the individual plays an important part,
 5    contracts  for  the printing of finance committee reports and
 6    departmental reports, contracts for the printing or engraving
 7    of bonds, tax warrants and other evidences  of  indebtedness,
 8    contracts  for  utility  services such as water, light, heat,
 9    telephone or telegraph,  contracts  for  the  use,  purchase,
10    delivery,   movement,  or  installation  of  data  processing
11    equipment, software, or services and  telecommunications  and
12    interconnect  equipment, software, or services, contracts for
13    duplicating machines and supplies,  contracts  for  goods  or
14    services procured from another governmental agency, purchases
15    of  equipment  previously owned by some entity other than the
16    district itself, and contracts for the purchase of magazines,
17    books, periodicals, pamphlets and reports and excepting where
18    funds  are  expended  in  an  emergency  and  such  emergency
19    expenditure is approved by 3/4 of the members of the board.
20        All  competitive  bids   for   contracts   involving   an
21    expenditure  in  excess  of $15,000 $10,000 must be sealed by
22    the bidder and must be opened by a member or employee of  the
23    park  board  at a public bid opening at which the contents of
24    the bids must be announced.   Each  bidder  must  receive  at
25    least 3 days notice of the time and place of the bid opening.
26        For  purposes  of  this  subsection,  "due advertisement"
27    includes, but is not limited to, at least one  public  notice
28    at least 10 days before the bid date in a newspaper published
29    in  the  district  or,  if  no  newspaper is published in the
30    district, in a newspaper of general circulation in  the  area
31    of the district.
32        (d)  To   pass   all   necessary  ordinances,  rules  and
33    regulations for the proper  management  and  conduct  of  the
34    business  of  the  board  and  district  and  to establish by
 
                            -8-      LRB093 04710 MKM 13683 a
 1    ordinance  all  needful  rules  and   regulations   for   the
 2    government  and protection of parks, boulevards and driveways
 3    and other property under its jurisdiction, and to effect  the
 4    objects for which such districts are formed.
 5        (e)  To  prescribe  such  fines  and  penalties  for  the
 6    violation of ordinances as it shall deem proper not exceeding
 7    $1,000  for any one offense, which fines and penalties may be
 8    recovered by an action in the name of such  district  in  the
 9    circuit   court  for  the  county  in  which  such  violation
10    occurred. The park district may also seek in the  action,  in
11    addition  to or instead of fines and penalties, an order that
12    the offender be  required  to  make  restitution  for  damage
13    resulting  from  violations,  and  the court shall grant such
14    relief where appropriate.   The  procedure  in  such  actions
15    shall  be  the  same as that provided by law for like actions
16    for the violation of ordinances in cities organized under the
17    general laws of this State, and offenders may  be  imprisoned
18    for  non-payment  of fines and costs in the same manner as in
19    such cities. All fines when collected shall be paid into  the
20    treasury of such district.
21        (f)  To  manage  and control all officers and property of
22    such districts and to provide for joint ownership with one or
23    more cities, villages  or  incorporated  towns  of  real  and
24    personal  property used for park purposes by one or more park
25    districts. In case of  joint  ownership,  the  terms  of  the
26    agreement  shall  be  fair, just and equitable to all parties
27    and shall be set forth in a written agreement entered into by
28    the corporate authorities  of  each  participating  district,
29    city, village or incorporated town.
30        (g)  To  secure  grants  and  loans,  or either, from the
31    United States Government, or any agency or agencies  thereof,
32    for financing the acquisition or purchase of any and all real
33    estate, or rights therein, or for effecting any of the powers
34    or  purposes  granted  under  this Code as its Board may deem
 
                            -9-      LRB093 04710 MKM 13683 a
 1    proper.
 2        (h)  To establish fees for  the  use  of  facilities  and
 3    recreational  programs of the districts and to derive revenue
 4    from non-resident fees from their  operations.  Fees  charged
 5    non-residents  of  such district need not be the same as fees
 6    charged to  residents  of  the  district.  Charging  fees  or
 7    deriving   revenue   from  the  facilities  and  recreational
 8    programs shall not affect the right to assert or utilize  any
 9    defense  or  immunity,  common law or statutory, available to
10    the districts or their employees.
11        (i)  To make contracts for a term exceeding one year, but
12    not to exceed 3 years, notwithstanding any provision of  this
13    Code  to  the contrary, relating to:  (1) the employment of a
14    park  director,  superintendent,   administrator,   engineer,
15    health  officer,  land  planner,  finance director, attorney,
16    police  chief,  or  other  officer  who  requires   technical
17    training   or   knowledge;  (2)  the  employment  of  outside
18    professional consultants such  as  engineers,  doctors,  land
19    planners,   auditors,   attorneys,   or   other  professional
20    consultants who require technical training or knowledge;  and
21    (3)  the provision of data processing equipment and services.
22    With respect to any contract made under this subsection  (i),
23    the   corporate  authorities  shall  include  in  the  annual
24    appropriation ordinance for each fiscal year an appropriation
25    of a sum of money sufficient to pay the amount which, by  the
26    terms  of  the  contract, is to become due and payable during
27    that fiscal year.
28        (j)  To enter into  licensing  or  management  agreements
29    with  not-for-profit corporations organized under the laws of
30    this  State  to  operate  park  district  facilities  if  the
31    corporation covenants to use the facilities to provide public
32    park or recreational programs for youth.
33    (Source: P.A. 92-614, eff. 7-8-02.)".