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


Sen. Chris Lauzen

Filed: 3/14/2011





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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 shall conduct the elections for
16commissioners at the time and in the manner provided by the



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1general election law.
2    (c) Beginning with the general election in 2012, 7
3commissioners shall be elected for 4-year terms from
4single-member districts. The number of commissioners who are
5residents of a county shall be in proportion, as nearly as
6practicable, to the number of residents of the district who
7reside in that county in relation to the total population of
8the district. The county board chairperson and county
9executive, as applicable, of Kane, Dupage, Kendall, and Will
10county shall each appoint a member, approved by the respective
11county board, to a commission to draw the initial districts of
12the Fox Valley Park District. Each of the 4 members of the
13commission shall receive a weighted vote based upon the
14population of the district at the time of the last preceding
15federal decennial census. The commission shall draw and vote
16upon a map of single-member districts that shall be compact,
17contiguous, and respect county boundaries as closely as
18possible. These districts shall be drawn with preference given
19to drawing districts in single counties. By no later than July
201, 2012, the districts must be approved by the members of the
21commission for the initial election of commissioners. In the
22year following the next decennial census and each decennial
23census thereafter, the board of commissioners shall
24reapportion the districts to reflect the results of the census.
25The term of office for the commissioners elected under this
26Section shall commence on the first Monday of the month



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1following the month of election. The terms of all appointed
2trustees serving on the effective date of this amendatory Act
3of the 97th General Assembly shall end on December 2, 2012.
4    (d) The Fox Valley Park District board of commissioners
5shall elect officers of the board at the first meeting of the
6board following the next general election for park district
8    (e) As of the effective date of this amendatory Act of the
997th General Assembly, each Fox Valley Pleasure Driveway and
10Park District trustee in office shall, as a member of the board
11of the Fox Valley Park District, perform the duties and
12exercise the powers conferred upon park board commissioners
13under this Code, until his or her successor is elected and has
15    (f) Any tax authorized by referendum or other means under
16this Code and levied by the Fox Valley Pleasure Driveway and
17Park District before the effective date of this amendatory Act
18of the 97th General Assembly shall not be affected or abrogated
19because of the name change, and the Fox Valley Park District
20may continue to levy and collect that tax.
21    (70 ILCS 1205/2-18)  (from Ch. 105, par. 2-18)
22    Sec. 2-18. (a) Except for the Fox Valley Park District on
23and after the effective date of this amendatory Act of the 97th
24General Assembly, in In any Pleasure Driveway and Park District
25in which the legal voters have heretofore determined that the



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



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1trustee shall be succeeded by a resident of the same county who
2shall be appointed by the same appointing authority. The
3appropriate appointing authority shall appoint trustees
4biennially for such district on the first Monday in July, to
5fill the vacancies on the board of trustees caused by the
6expiration of the term of office of trustees and the trustees
7shall be legal voters and reside within the park district;
8provided, that no more than 4 trustees at any one time shall
9belong to the same political party. Each of the trustees shall
10receive a certificate of appointment and qualify within 10 days
11from the receipt of notice of appointment.
12    Trustees shall be appointed for a period of 4 years and
13shall hold their office until their successors are appointed
14and qualified.
15    Whenever a vacancy is created other than by the expiration
16of a trustee's term of office, it shall be filled by the
17appropriate appointing authority as provided in subsection
19    All trustees appointed for any park district, as herein
20provided, shall have and exercise all the powers conferred upon
21trustees elected under the provisions of this Code.
22    In a Pleasure Driveway and Park District the trustees of
23which are appointed as herein provided, whenever a provision in
24this Code or any other applicable law authorizes a public
25question of any kind to be submitted to the electors of the
26district at an election, a petition by electors of the district



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



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1manner provided for the exercise of the power of eminent domain
2under the Eminent Domain Act or otherwise as to any real
3estate, lands, riparian rights or estate, or other property
4situated outside of such district, but shall only have power to
5acquire the same by gift, legacy, grant or purchase, and such
6district shall have the same control of and power over lands so
7acquired without the district as over parks, boulevards and
8driveways within such district.
9    (2) In addition to the powers granted in paragraph (1) of
10subsection (b), a park district located in more than one
11county, the majority of its territory located in a county over
12450,000 in population and none of its territory located in a
13county over 1,000,000 in population, shall have condemnation
14power in the manner provided for the exercise of the power of
15eminent domain under the Eminent Domain Act or as otherwise
16granted by law as to any and all real estate situated up to one
17mile outside of such district which is not within the
18boundaries of another park district.
19    (c) To acquire by gift, legacy or purchase any personal
20property necessary for its corporate purposes provided that all
21contracts for supplies, materials or work involving an
22expenditure in excess of $20,000 shall be let to the lowest
23responsible bidder after due advertisement. No district shall
24be required to accept a bid that does not meet the district's
25established specifications, terms of delivery, quality, and
26serviceability requirements. Contracts which, by their nature,



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



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1    For purposes of this subsection, "due advertisement"
2includes, but is not limited to, at least one public notice at
3least 10 days before the bid date in a newspaper published in
4the district or, if no newspaper is published in the district,
5in a newspaper of general circulation in the area of the
7    (d) To pass all necessary ordinances, rules and regulations
8for the proper management and conduct of the business of the
9board and district and to establish by ordinance all needful
10rules and regulations for the government and protection of
11parks, boulevards and driveways and other property under its
12jurisdiction, and to effect the objects for which such
13districts are formed.
14    (e) To prescribe such fines and penalties for the violation
15of ordinances as it shall deem proper not exceeding $1,000 for
16any one offense, which fines and penalties may be recovered by
17an action in the name of such district in the circuit court for
18the county in which such violation occurred. The park district
19may also seek in the action, in addition to or instead of fines
20and penalties, an order that the offender be required to make
21restitution for damage resulting from violations, and the court
22shall grant such relief where appropriate. The procedure in
23such actions shall be the same as that provided by law for like
24actions for the violation of ordinances in cities organized
25under the general laws of this State, and offenders may be
26imprisoned for non-payment of fines and costs in the same



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1manner as in such cities. All fines when collected shall be
2paid into the treasury of such district.
3    (f) To manage and control all officers and property of such
4districts and to provide for joint ownership with one or more
5cities, villages or incorporated towns of real and personal
6property used for park purposes by one or more park districts.
7In case of joint ownership, the terms of the agreement shall be
8fair, just and equitable to all parties and shall be set forth
9in a written agreement entered into by the corporate
10authorities of each participating district, city, village or
11incorporated town.
12    (g) To secure grants and loans, or either, from the United
13States Government, or any agency or agencies thereof, for
14financing the acquisition or purchase of any and all real
15estate, or rights therein, or for effecting any of the powers
16or purposes granted under this Code as its Board may deem
18    (h) To establish fees for the use of facilities and
19recreational programs of the districts and to derive revenue
20from non-resident fees from their operations. Fees charged
21non-residents of such district need not be the same as fees
22charged to residents of the district. Charging fees or deriving
23revenue from the facilities and recreational programs shall not
24affect the right to assert or utilize any defense or immunity,
25common law or statutory, available to the districts or their



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1    (i) To make contracts for a term exceeding one year, but
2not to exceed 3 years, notwithstanding any provision of this
3Code to the contrary, relating to: (1) the employment of a park
4director, superintendent, administrator, engineer, health
5officer, land planner, finance director, attorney, police
6chief, or other officer who requires technical training or
7knowledge; (2) the employment of outside professional
8consultants such as engineers, doctors, land planners,
9auditors, attorneys, or other professional consultants who
10require technical training or knowledge; and (3) the provision
11of data processing equipment and services. With respect to any
12contract made under this subsection (i), the corporate
13authorities shall include in the annual appropriation
14ordinance for each fiscal year an appropriation of a sum of
15money sufficient to pay the amount which, by the terms of the
16contract, is to become due and payable during that fiscal year.
17    (j) To enter into licensing or management agreements with
18not-for-profit corporations organized under the laws of this
19State to operate park district facilities if the corporation
20covenants to use the facilities to provide public park or
21recreational programs for youth.
22(Source: P.A. 94-1055, eff. 1-1-07; 95-67, eff. 1-1-08.)
23    (70 ILCS 1205/8-9)  (from Ch. 105, par. 8-9)
24    Sec. 8-9. Name change.
25    (a) Whenever two-thirds of the governing board of a park



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