Illinois General Assembly - Full Text of SB2139
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Full Text of SB2139  97th General Assembly


Rep. Kay Hatcher

Filed: 5/6/2011





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2    AMENDMENT NO. ______. Amend Senate Bill 2139 by replacing
3everything after the enacting clause with the following:
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 97th 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 in whose jurisdiction the park district is
16located shall conduct the elections for commissioners at the



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1time and in the manner provided by the general election law.
2    (c) Beginning with the consolidated election in 2013, 7
3commissioners shall be elected from single-member districts.
4The number of commissioners who are residents of a county shall
5be in proportion, as nearly as practicable, to the number of
6residents of the district who reside in that county in relation
7to the total population of the district. The county board
8chairperson and county executive, as applicable, of Kane,
9DuPage, Kendall, and Will counties shall each appoint a member,
10approved by the respective county board, to a commission to
11draw the initial districts of the Fox Valley Park District.
12Each of the 4 members of the commission shall receive a
13weighted vote based upon the population of the district at the
14time of the last preceding federal decennial census. The
15commission shall draw and vote upon a map of single-member
16districts that shall be compact, contiguous, and respect county
17boundaries as closely as possible. These districts shall be
18drawn with preference given to drawing districts in single
19counties. By no later than July 1, 2012, the districts must be
20approved by the members of the commission for the initial
21election of commissioners. The 4 members of the commission
22shall divide the 7 elected commissioners into 3 groups to
23determine the terms that the commissioners shall serve until
24the next decennial redistricting. The first group shall have 3
25commissioners, and the second and third groups shall have 2
26commissioners each. Commissioners from the first group shall be



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1elected for terms of 4 years, 4 years, and 2 years;
2commissioners from the second group, for terms of 4 years, 2
3years, and 4 years; and commissioners from the third group, for
4terms of 2 years, 4 years, and 4 years. In the year following
5the next decennial census and each decennial census thereafter,
6the board of commissioners shall reapportion the districts to
7reflect the results of the census and re-divide the 7 elected
8commissioners into 3 groups to determine the terms of those
9commissioners. The term of office for the commissioners elected
10under this Section shall commence on the first Monday of the
11month following the month of election. The terms of all
12appointed trustees serving on the effective date of this
13amendatory Act of the 97th General Assembly shall end on May 6,
15    (d) The Fox Valley Park District board of commissioners
16shall elect officers of the board at the first meeting of the
17board following the next consolidated election for park
18district commissioners.
19    (e) As of the effective date of this amendatory Act of the
2097th General Assembly, each Fox Valley Pleasure Driveway and
21Park District trustee in office shall, as a member of the board
22of the Fox Valley Park District, perform the duties and
23exercise the powers conferred upon park board commissioners
24under this Code, until his or her successor is elected and has
26    (f) Any tax authorized by referendum or other means under



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1this Code and levied by the Fox Valley Pleasure Driveway and
2Park District before the effective date of this amendatory Act
3of the 97th General Assembly shall not be affected or abrogated
4because of the name change, and the Fox Valley Park District
5may continue to levy and collect that tax.
6    (70 ILCS 1205/2-18)  (from Ch. 105, par. 2-18)
7    Sec. 2-18. (a) Except for the Fox Valley Park District on
8and after the effective date of this amendatory Act of the 97th
9General Assembly, in In any Pleasure Driveway and Park District
10in which the legal voters have heretofore determined that the
11governing board shall be appointed, such method shall continue
12in effect and the board shall consist of 7 trustees. In such
13case and if the district is wholly contained within a single
14county the trustees shall be appointed by the presiding officer
15of the county board with the advice and consent of the county
16board. If the district is located in more than one county, the
17number of trustees who are residents of a county shall be in
18proportion, as nearly as practicable, to the number of
19residents of the district who reside in that county in relation
20to the total population of the district, except that the board
21of trustees may determine that one trustee is to be appointed
22from each county within the district, such appointment to be
23made by the appropriate appointing authority as hereinafter
24provided. Each trustee shall be appointed by the county board
25of his or her county of residence, or in the case of a home rule



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1county, by the chief executive officer of the county with the
2advice and consent of the county board.
3    (b) Upon the expiration of the term of a trustee who is in
4office at the time of the publication of each decennial Federal
5census of population, the successor shall be a resident of
6whichever county is entitled to such representation as
7determined under subsection (a), and he shall be appointed by
8the county board of that county, or in the case of a home rule
9county as defined by Article VII, Section 6 of the Illinois
10Constitution, the chief executive officer of that county, with
11the advice and consent of the county board. Thereafter, each
12trustee shall be succeeded by a resident of the same county who
13shall be appointed by the same appointing authority. The
14appropriate appointing authority shall appoint trustees
15biennially for such district on the first Monday in July, to
16fill the vacancies on the board of trustees caused by the
17expiration of the term of office of trustees and the trustees
18shall be legal voters and reside within the park district;
19provided, that no more than 4 trustees at any one time shall
20belong to the same political party. Each of the trustees shall
21receive a certificate of appointment and qualify within 10 days
22from the receipt of notice of appointment.
23    Trustees shall be appointed for a period of 4 years and
24shall hold their office until their successors are appointed
25and qualified.
26    Whenever a vacancy is created other than by the expiration



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1of a trustee's term of office, it shall be filled by the
2appropriate appointing authority as provided in subsection
4    All trustees appointed for any park district, as herein
5provided, shall have and exercise all the powers conferred upon
6trustees elected under the provisions of this Code.
7    In a Pleasure Driveway and Park District the trustees of
8which are appointed as herein provided, whenever a provision in
9this Code or any other applicable law authorizes a public
10question of any kind to be submitted to the electors of the
11district at an election, a petition by electors of the district
12asking that such question be submitted shall be signed by a
13number of registered voters of such district equal to not less
14than 10% of the number of registered voters in the district as
15of the last preceding regular election.
16(Source: P.A. 86-694.)
17    (70 ILCS 1205/8-1)  (from Ch. 105, par. 8-1)
18    Sec. 8-1. General corporate powers. Every park district
19shall, from the time of its organization, be a body corporate
20and politic by the such name as set forth in the petition for
21its organization, the specific name set forth in this Code, or
22the such name as it may adopt under Section 8-9 8-8 hereof and
23shall have and exercise the following powers:
24    (a) To adopt a corporate seal and alter the same at
25pleasure; to sue and be sued; and to contract in furtherance of



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1any of its corporate purposes.
2    (b) (1) To acquire by gift, legacy, grant or purchase, or
3by condemnation in the manner provided for the exercise of the
4power of eminent domain under the Eminent Domain Act, any and
5all real estate, or rights therein necessary for building,
6laying out, extending, adorning and maintaining any such parks,
7boulevards and driveways, or for effecting any of the powers or
8purposes granted under this Code as its board may deem proper,
9whether such lands be located within or without such district;
10but no park district, except as provided in paragraph (2) of
11this subsection, shall have any power of condemnation in the
12manner provided for the exercise of the power of eminent domain
13under the Eminent Domain Act or otherwise as to any real
14estate, lands, riparian rights or estate, or other property
15situated outside of such district, but shall only have power to
16acquire the same by gift, legacy, grant or purchase, and such
17district shall have the same control of and power over lands so
18acquired without the district as over parks, boulevards and
19driveways within such district.
20    (2) In addition to the powers granted in paragraph (1) of
21subsection (b), a park district located in more than one
22county, the majority of its territory located in a county over
23450,000 in population and none of its territory located in a
24county over 1,000,000 in population, shall have condemnation
25power in the manner provided for the exercise of the power of
26eminent domain under the Eminent Domain Act or as otherwise



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1granted by law as to any and all real estate situated up to one
2mile outside of such district which is not within the
3boundaries of another park district.
4    (c) To acquire by gift, legacy or purchase any personal
5property necessary for its corporate purposes provided that all
6contracts for supplies, materials or work involving an
7expenditure in excess of $20,000 shall be let to the lowest
8responsible bidder after due advertisement. No district shall
9be required to accept a bid that does not meet the district's
10established specifications, terms of delivery, quality, and
11serviceability requirements. Contracts which, by their nature,
12are not adapted to award by competitive bidding, such as
13contracts for the services of individuals possessing a high
14degree of professional skill where the ability or fitness of
15the individual plays an important part, contracts for the
16printing of finance committee reports and departmental
17reports, contracts for the printing or engraving of bonds, tax
18warrants and other evidences of indebtedness, contracts for
19utility services such as water, light, heat, telephone or
20telegraph, contracts for the use, purchase, delivery,
21movement, or installation of data processing equipment,
22software, or services and telecommunications and interconnect
23equipment, software, or services, contracts for duplicating
24machines and supplies, contracts for goods or services procured
25from another governmental agency, purchases of equipment
26previously owned by some entity other than the district itself,



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1and contracts for the purchase of magazines, books,
2periodicals, pamphlets and reports are not subject to
3competitive bidding. Contracts for emergency expenditures are
4also exempt from competitive bidding when the emergency
5expenditure is approved by 3/4 of the members of the board.
6    All competitive bids for contracts involving an
7expenditure in excess of $20,000 must be sealed by the bidder
8and must be opened by a member or employee of the park board at
9a public bid opening at which the contents of the bids must be
10announced. Each bidder must receive at least 3 days notice of
11the time and place of the bid opening.
12    For purposes of this subsection, "due advertisement"
13includes, but is not limited to, at least one public notice at
14least 10 days before the bid date in a newspaper published in
15the district or, if no newspaper is published in the district,
16in a newspaper of general circulation in the area of the
18    (d) To pass all necessary ordinances, rules and regulations
19for the proper management and conduct of the business of the
20board and district and to establish by ordinance all needful
21rules and regulations for the government and protection of
22parks, boulevards and driveways and other property under its
23jurisdiction, and to effect the objects for which such
24districts are formed.
25    (e) To prescribe such fines and penalties for the violation
26of ordinances as it shall deem proper not exceeding $1,000 for



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1any one offense, which fines and penalties may be recovered by
2an action in the name of such district in the circuit court for
3the county in which such violation occurred. The park district
4may also seek in the action, in addition to or instead of fines
5and penalties, an order that the offender be required to make
6restitution for damage resulting from violations, and the court
7shall grant such relief where appropriate. The procedure in
8such actions shall be the same as that provided by law for like
9actions for the violation of ordinances in cities organized
10under the general laws of this State, and offenders may be
11imprisoned for non-payment of fines and costs in the same
12manner as in such cities. All fines when collected shall be
13paid into the treasury of such district.
14    (f) To manage and control all officers and property of such
15districts and to provide for joint ownership with one or more
16cities, villages or incorporated towns of real and personal
17property used for park purposes by one or more park districts.
18In case of joint ownership, the terms of the agreement shall be
19fair, just and equitable to all parties and shall be set forth
20in a written agreement entered into by the corporate
21authorities of each participating district, city, village or
22incorporated town.
23    (g) To secure grants and loans, or either, from the United
24States Government, or any agency or agencies thereof, for
25financing the acquisition or purchase of any and all real
26estate, or rights therein, or for effecting any of the powers



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1or purposes granted under this Code as its Board may deem
3    (h) To establish fees for the use of facilities and
4recreational programs of the districts and to derive revenue
5from non-resident fees from their operations. Fees charged
6non-residents of such district need not be the same as fees
7charged to residents of the district. Charging fees or deriving
8revenue from the facilities and recreational programs shall not
9affect the right to assert or utilize any defense or immunity,
10common law or statutory, available to the districts or their
12    (i) To make contracts for a term exceeding one year, but
13not to exceed 3 years, notwithstanding any provision of this
14Code to the contrary, relating to: (1) the employment of a park
15director, superintendent, administrator, engineer, health
16officer, land planner, finance director, attorney, police
17chief, or other officer who requires technical training or
18knowledge; (2) the employment of outside professional
19consultants such as engineers, doctors, land planners,
20auditors, attorneys, or other professional consultants who
21require technical training or knowledge; and (3) the provision
22of data processing equipment and services. With respect to any
23contract made under this subsection (i), the corporate
24authorities shall include in the annual appropriation
25ordinance for each fiscal year an appropriation of a sum of
26money sufficient to pay the amount which, by the terms of the



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1contract, is to become due and payable during that fiscal year.
2    (j) To enter into licensing or management agreements with
3not-for-profit corporations organized under the laws of this
4State to operate park district facilities if the corporation
5covenants to use the facilities to provide public park or
6recreational programs for youth.
7(Source: P.A. 94-1055, eff. 1-1-07; 95-67, eff. 1-1-08.)
8    (70 ILCS 1205/8-9)  (from Ch. 105, par. 8-9)
9    Sec. 8-9. Name change.
10    (a) Whenever two-thirds of the governing board of a park
11district shall approve an ordinance or resolution to change the
12name of such park district, a copy of such ordinance or
13resolution shall be duly certified by the president and
14secretary of such board and filed in the office of the county
15clerk of the counties wherein such park district is located.
16Upon the filing of the aforesaid ordinance or resolution for
17change of name in the office of said county clerk such change
18of name of such park district shall be complete.
19    (b) Whenever a Public Act changes the name of a park
20district, the secretary of the board of the park district
21shall, within 30 days after the date upon which the Public Act
22becomes law, obtain copies of the Public Act that are duly
23certified by the Secretary of State and file a certified copy
24of the Public Act in the office of the county clerk of each
25county in which the park district is located. The change of



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1name of a park district by a Public Act shall be complete upon
2the Public Act becoming law.
3(Source: Laws 1951, p. 113.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".