Full Text of SB3387 98th General Assembly
SB3387ham002 98TH GENERAL ASSEMBLY | Rep. Stephanie A. Kifowit Filed: 5/14/2014
| | 09800SB3387ham002 | | LRB098 19455 JLK 59446 a |
|
| 1 | | AMENDMENT TO SENATE BILL 3387
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3387 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Park District Code is amended by changing | 5 | | Sections 2-18, 8-1, and 8-9 and by adding Section 2-17.5 as | 6 | | follows: | 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 | 10 | | reorganized by operation of law as the Fox Valley Park District | 11 | | under this Code on the effective date of this amendatory Act of | 12 | | the 98th General Assembly. | 13 | | (b) Each Fox Valley Park District commissioner shall be a | 14 | | legal voter and reside within the park district. The proper | 15 | | election authority shall conduct the elections for | 16 | | commissioners at the time and in the manner provided by the |
| | | 09800SB3387ham002 | - 2 - | LRB098 19455 JLK 59446 a |
|
| 1 | | general election law. | 2 | | (c) Beginning with the consolidated election in 2017, 7 | 3 | | commissioners shall be elected for 4-year terms, consisting of | 4 | | 6 commissioners from 3 2-member districts, and 1 commissioner | 5 | | elected at large. The terms of office of the initial | 6 | | commissioners elected under this amendatory Act of the 98th | 7 | | General Assembly will run as follows, to be determined by lot: | 8 | | 4 members shall serve a 4-year term and may be re-elected for | 9 | | subsequent 4-year terms, and 3 members shall serve a 2-year | 10 | | term and may be re-elected for subsequent 4-year terms | 11 | | thereafter. | 12 | | The initial three districts of the Fox Valley Park District | 13 | | shall be as follows: | 14 | | (1) Those portions of Kane County and Kendall County | 15 | | west of the Fox River. | 16 | | (2) Those portions of Kane County and Kendall County | 17 | | east of the Fox River and south and west of a line | 18 | | following Indian Trail Road from the center line of the Fox | 19 | | River easterly to the intersection with Farnsworth Avenue, | 20 | | then southerly along Farnsworth Avenue to the intersection | 21 | | with the Burlington Northern Santa Fe Railroad, then | 22 | | easterly to the county line. | 23 | | (3) Those portions of the district in DuPage County and | 24 | | Will County and that portion of Kane County generally north | 25 | | and east of a line following Indian Trail Road from the | 26 | | center line of the Fox River easterly to the intersection |
| | | 09800SB3387ham002 | - 3 - | LRB098 19455 JLK 59446 a |
|
| 1 | | with Farnsworth Avenue, then southerly along Farnsworth | 2 | | Avenue to the intersection with Burlington Northern Santa | 3 | | Fe Railroad, then easterly to the county line. | 4 | | In the year following the next decennial census and each | 5 | | decennial census thereafter, the board of commissioners shall | 6 | | reapportion the districts to reflect the results of the census. | 7 | | The term of office for the commissioners elected
under this
| 8 | | Section shall commence on the first Monday
of the month | 9 | | following the month of election. The terms of all appointed | 10 | | trustees serving on the effective date of this amendatory Act | 11 | | of the 98th General Assembly shall end when their successors | 12 | | have been elected and qualified. | 13 | | (d) The Fox Valley Park District board of commissioners | 14 | | shall elect officers of the board at the first meeting of the | 15 | | board following the next consolidated election for park | 16 | | district commissioners. | 17 | | (e) As of the effective date of this amendatory Act of the | 18 | | 98th General Assembly, each Fox Valley Pleasure Driveway and | 19 | | Park District trustee in office shall, as a member of the board | 20 | | of the Fox Valley Park District, perform the duties and | 21 | | exercise the powers conferred upon park board commissioners | 22 | | under this Code, until his or her successor is elected and has | 23 | | qualified. | 24 | | (f) Any tax authorized by referendum or other means under | 25 | | this Code and levied by the Fox Valley Pleasure Driveway and | 26 | | Park District before the effective date of this amendatory Act |
| | | 09800SB3387ham002 | - 4 - | LRB098 19455 JLK 59446 a |
|
| 1 | | of the 98th General Assembly shall not be affected or abrogated | 2 | | because of the name change, and the Fox Valley Park District | 3 | | may continue to levy and collect that tax.
| 4 | | (70 ILCS 1205/2-18) (from Ch. 105, par. 2-18)
| 5 | | Sec. 2-18. (a) Except for the Fox Valley Park District on | 6 | | and after the effective date of this amendatory Act of the 98th | 7 | | General Assembly, in In any Pleasure Driveway and Park District | 8 | | in which the legal voters
have heretofore determined that the | 9 | | governing board shall be appointed,
such method shall continue | 10 | | in effect and the board shall consist of 7
trustees. In such | 11 | | case and if the district is wholly contained within
a single | 12 | | county the trustees shall be appointed by the presiding officer | 13 | | of the
county board with the advice and consent of the county | 14 | | board.
If the district is located in more than one county, the | 15 | | number of
trustees who are residents of a county shall be in
| 16 | | proportion, as nearly as practicable, to the number of
| 17 | | residents of the district who reside in that county in
relation | 18 | | to the total population of the district, except that the board | 19 | | of
trustees
may determine that one trustee is to be appointed | 20 | | from each county within
the district, such appointment to be | 21 | | made by the appropriate appointing
authority as hereinafter | 22 | | provided. Each trustee shall be
appointed by the county board | 23 | | of his
or her county of residence, or in the case of a home rule
| 24 | | county, by the chief executive officer of the county with
the | 25 | | advice and consent of the county board.
|
| | | 09800SB3387ham002 | - 5 - | LRB098 19455 JLK 59446 a |
|
| 1 | | (b) Upon the expiration of the term of a trustee who is
in | 2 | | office at the time of the publication of each decennial Federal | 3 | | census
of population, the successor shall be a resident of | 4 | | whichever county is
entitled to such representation as | 5 | | determined under subsection (a), and he
shall be appointed by | 6 | | the county board of that county, or
in the case of a home rule | 7 | | county as defined by Article VII, Section 6
of the Illinois | 8 | | Constitution, the chief executive officer of that county,
with | 9 | | the advice and consent of the county board. Thereafter, each
| 10 | | trustee shall be succeeded by a resident of the same county who | 11 | | shall
be appointed by the same appointing authority.
The | 12 | | appropriate appointing authority
shall appoint trustees | 13 | | biennially for such district on the first Monday in July, to
| 14 | | fill the vacancies on the board of trustees caused by the | 15 | | expiration of the term of
office of trustees and the trustees | 16 | | shall be legal voters and reside within
the park district; | 17 | | provided, that no more than 4 trustees at any one time
shall | 18 | | belong to the same political party. Each of the trustees shall | 19 | | receive
a certificate of appointment and qualify within 10 days | 20 | | from the receipt of
notice of appointment.
| 21 | | Trustees shall be appointed for a period of 4 years and | 22 | | shall hold
their office until their successors are appointed | 23 | | and qualified.
| 24 | | Whenever a vacancy is created other than by the expiration | 25 | | of a
trustee's term of office, it shall be filled by the | 26 | | appropriate appointing
authority as provided in subsection |
| | | 09800SB3387ham002 | - 6 - | LRB098 19455 JLK 59446 a |
|
| 1 | | (a).
| 2 | | All trustees appointed for any park district, as herein | 3 | | provided, shall
have and exercise all the powers conferred upon | 4 | | trustees elected under the
provisions of this Code.
| 5 | | In a Pleasure Driveway and Park District the trustees of | 6 | | which are
appointed as herein provided, whenever a provision in | 7 | | this Code or any other
applicable law authorizes
a public | 8 | | question of any kind to be submitted to the electors of the | 9 | | district at an
election, a petition by electors of the district | 10 | | asking that such question
be submitted shall be signed by a | 11 | | number of registered voters of
such district equal to not less | 12 | | than 10% of the number of registered voters in
the district as | 13 | | of the last preceding regular election.
| 14 | | (Source: P.A. 86-694.)
| 15 | | (70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
| 16 | | Sec. 8-1. General corporate powers.
Every park district | 17 | | shall, from the time of its
organization, be a body corporate | 18 | | and politic by the such name as set forth
in the petition for | 19 | | its organization , the specific name set forth in this Code, or | 20 | | the such name as it may adopt under
Section 8-9 8-8 hereof and | 21 | | shall have and exercise the following powers:
| 22 | | (a) To adopt a corporate seal and alter the same at | 23 | | pleasure; to sue
and be sued; and to contract in furtherance of | 24 | | any of its corporate purposes.
| 25 | | (b) (1) To acquire by gift, legacy, grant or purchase, or |
| | | 09800SB3387ham002 | - 7 - | LRB098 19455 JLK 59446 a |
|
| 1 | | by
condemnation in the manner provided for the exercise of the | 2 | | power of eminent
domain under the Eminent Domain Act, any and | 3 | | all real estate, or
rights therein necessary for building, | 4 | | laying out, extending, adorning
and maintaining any such parks, | 5 | | boulevards and driveways, or for
effecting any of the powers or | 6 | | purposes granted under this Code as its
board may deem proper, | 7 | | whether such lands be located within or without such
district; | 8 | | but no park district, except as provided in paragraph (2) of | 9 | | this
subsection, shall have any power of condemnation in the | 10 | | manner provided for the
exercise of the power of eminent domain | 11 | | under the Eminent Domain Act or otherwise as to any real
| 12 | | estate, lands, riparian rights or estate, or other property | 13 | | situated outside of
such district, but shall only have power to | 14 | | acquire the same by gift, legacy,
grant or purchase, and such | 15 | | district shall have the same control of and power
over lands so | 16 | | acquired without the district as over parks, boulevards and
| 17 | | driveways within such district.
| 18 | | (2) In addition to the powers granted in paragraph (1) of | 19 | | subsection (b),
a park district located in more than one | 20 | | county, the majority of its territory
located in a county over | 21 | | 450,000 in population and none of its territory
located in a | 22 | | county over 1,000,000 in population, shall have condemnation
| 23 | | power in the manner provided for the exercise of the power of | 24 | | eminent domain
under the Eminent Domain Act
or as otherwise | 25 | | granted by law
as to any and all real estate situated up to one | 26 | | mile outside of such district
which is not within the |
| | | 09800SB3387ham002 | - 8 - | LRB098 19455 JLK 59446 a |
|
| 1 | | boundaries of another park district.
| 2 | | (c) To acquire by gift, legacy or purchase any personal | 3 | | property necessary
for its corporate purposes provided that all | 4 | | contracts for supplies, materials
or work involving an | 5 | | expenditure in excess of $20,000 shall be let to the
lowest | 6 | | responsible bidder after due advertisement. No district shall | 7 | | be required to accept a bid that does not meet the district's | 8 | | established specifications, terms of
delivery, quality, and | 9 | | serviceability requirements. Contracts which, by their nature, | 10 | | are not adapted to award by competitive
bidding, such as | 11 | | contracts for the services of individuals
possessing a high | 12 | | degree of professional skill where the ability or
fitness of | 13 | | the individual plays an important part, contracts for the
| 14 | | printing of finance committee reports and departmental | 15 | | reports,
contracts for the printing or engraving of bonds, tax | 16 | | warrants and other
evidences of indebtedness, contracts for | 17 | | utility services such as water,
light, heat, telephone or | 18 | | telegraph, contracts for the use, purchase,
delivery, | 19 | | movement, or installation of data processing equipment, | 20 | | software, or
services and telecommunications and interconnect | 21 | | equipment, software, or
services, contracts for duplicating | 22 | | machines and supplies, contracts for goods
or services procured | 23 | | from another governmental agency, purchases of equipment
| 24 | | previously owned by some entity other than the district itself, | 25 | | and
contracts for the purchase of magazines, books, | 26 | | periodicals, pamphlets and
reports are not subject to |
| | | 09800SB3387ham002 | - 9 - | LRB098 19455 JLK 59446 a |
|
| 1 | | competitive bidding. Contracts for emergency expenditures are | 2 | | also exempt from competitive bidding when the
emergency | 3 | | expenditure is approved by 3/4 of the members of the board.
| 4 | | All competitive bids for contracts involving an | 5 | | expenditure in excess of
$20,000 must be sealed by the bidder | 6 | | and must be opened by a member or employee
of the park board at | 7 | | a public bid opening at which the contents of the bids
must be | 8 | | announced. Each bidder must receive at least 3 days notice of | 9 | | the
time and place of the bid opening.
| 10 | | For purposes of this subsection, "due advertisement" | 11 | | includes, but is not
limited to, at least one public notice at | 12 | | least 10 days before the bid date in
a newspaper published in | 13 | | the district or, if no newspaper is published in the
district, | 14 | | in a newspaper of general circulation in the area of the | 15 | | district.
| 16 | | (d) To pass all necessary ordinances, rules and regulations | 17 | | for the
proper management and conduct of the business of the | 18 | | board and district
and to establish by ordinance all needful | 19 | | rules and regulations for the
government and protection of | 20 | | parks, boulevards and driveways and other
property under its | 21 | | jurisdiction, and to effect the objects for which
such | 22 | | districts are formed.
| 23 | | (e) To prescribe such fines and penalties for the violation | 24 | | of
ordinances as it shall deem proper not exceeding $1,000 for | 25 | | any
one
offense, which fines and penalties may be recovered by | 26 | | an action in the name
of such district in the circuit court for |
| | | 09800SB3387ham002 | - 10 - | LRB098 19455 JLK 59446 a |
|
| 1 | | the county in which such
violation occurred. The park district | 2 | | may also seek in the action, in
addition to or instead of fines | 3 | | and penalties, an order that the offender
be required to make | 4 | | restitution for damage resulting from violations, and
the court | 5 | | shall grant such relief where appropriate. The procedure in
| 6 | | such actions shall be the same as that provided by law for like | 7 | | actions for the
violation of ordinances in cities organized | 8 | | under the general laws of this
State, and offenders may be | 9 | | imprisoned for non-payment of fines and costs in
the same | 10 | | manner as in such cities. All fines when collected shall be | 11 | | paid into
the treasury of such district.
| 12 | | (f) To manage and control all officers and property of such
| 13 | | districts and to provide for joint ownership with one or more | 14 | | cities,
villages or incorporated towns of real and personal | 15 | | property used for
park purposes by one or more park districts. | 16 | | In case of joint ownership,
the terms of the agreement shall be | 17 | | fair, just and equitable to all
parties and shall be set forth | 18 | | in a written agreement entered into by
the corporate | 19 | | authorities of each participating district, city, village
or | 20 | | incorporated town.
| 21 | | (g) To secure grants and loans, or either, from the United | 22 | | States
Government, or any agency or agencies thereof, for | 23 | | financing the
acquisition or purchase of any and all real | 24 | | estate, or rights therein,
or for effecting any of the powers | 25 | | or purposes granted under this Code
as its Board may deem | 26 | | proper.
|
| | | 09800SB3387ham002 | - 11 - | LRB098 19455 JLK 59446 a |
|
| 1 | | (h) To establish fees for the use of facilities and | 2 | | recreational programs of
the districts and to derive revenue | 3 | | from non-resident fees from their
operations. Fees charged | 4 | | non-residents of such district need not be the same as
fees | 5 | | charged to residents of the district. Charging fees or deriving | 6 | | revenue
from the facilities and recreational programs shall not | 7 | | affect the right to
assert or utilize any defense or immunity, | 8 | | common law or statutory, available
to the districts or their | 9 | | employees.
| 10 | | (i) To make contracts for a term exceeding one year, but | 11 | | not to exceed
3 years, notwithstanding any provision of this | 12 | | Code to the contrary,
relating to: (1) the employment of a park | 13 | | director, superintendent,
administrator, engineer, health | 14 | | officer, land planner, finance director,
attorney, police | 15 | | chief, or other officer who requires technical training or
| 16 | | knowledge; (2) the employment of outside professional | 17 | | consultants such as
engineers, doctors, land planners, | 18 | | auditors, attorneys, or other
professional consultants who | 19 | | require technical training or knowledge; (3)
the provision of | 20 | | data processing equipment and services; and (4) the purchase of | 21 | | energy from a utility or an alternative retail electric | 22 | | supplier. With respect to
any contract made under this | 23 | | subsection (i), the corporate authorities
shall include in the | 24 | | annual appropriation ordinance for each fiscal year an
| 25 | | appropriation of a sum of money sufficient to pay the amount | 26 | | which, by the
terms of the contract, is to become due and |
| | | 09800SB3387ham002 | - 12 - | LRB098 19455 JLK 59446 a |
|
| 1 | | payable during that fiscal year.
| 2 | | (j) To enter into licensing or management agreements with | 3 | | not-for-profit
corporations organized under the laws of this | 4 | | State to operate park district
facilities if the corporation | 5 | | covenants to use the facilities to provide public
park or | 6 | | recreational programs for youth.
| 7 | | (Source: P.A. 98-325, eff. 8-12-13.)
| 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 | 11 | | district
shall approve an ordinance or resolution to change the | 12 | | name of such park
district, a copy of such ordinance or | 13 | | resolution shall be duly certified by
the president and | 14 | | secretary of such board and filed in the office of the
county | 15 | | clerk of the counties wherein such park district is located. | 16 | | Upon
the filing of the aforesaid ordinance or resolution for | 17 | | change of name in
the office of said county clerk such change | 18 | | of name of such park district
shall be complete.
| 19 | | (b) Whenever a Public Act changes the name of a park | 20 | | district, the secretary of the board of the park district | 21 | | shall, within 30 days after the date upon which the Public Act | 22 | | becomes law, obtain copies of the Public Act that are duly | 23 | | certified by the Secretary of State and file a certified copy | 24 | | of the Public Act in the office of the county clerk of each | 25 | | county in which the park district is located. The change of |
| | | 09800SB3387ham002 | - 13 - | LRB098 19455 JLK 59446 a |
|
| 1 | | name of a park district by a Public Act shall be complete upon | 2 | | the Public Act becoming law. | 3 | | (Source: Laws 1951, p. 113.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.".
|
|