Full Text of HB4536 099th General Assembly
HB4536enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Conservation District Act is amended by | 5 | | changing Section 6 as follows:
| 6 | | (70 ILCS 410/6) (from Ch. 96 1/2, par. 7106)
| 7 | | Sec. 6. Officers and employees. As soon as possible after | 8 | | the initial
election or the initial appointments, as the case | 9 | | may be, the trustees shall organize
by selecting from their | 10 | | members a president, secretary, treasurer, and
other officers | 11 | | as are deemed necessary, who shall hold office for 2 years in
| 12 | | the case of an elected board, or the
fiscal year in which | 13 | | elected in the case of an appointed board, and until their | 14 | | successors are selected and
qualify. Three trustees shall | 15 | | constitute a quorum of the board for the
transaction of | 16 | | business if the district has 5 trustees. If the
district has 7 | 17 | | trustees, 4 trustees shall constitute a quorum of the board
for | 18 | | the transaction of business. The board shall hold regular | 19 | | monthly
meetings. Special meetings may be called by the | 20 | | president and shall be called
on the request of a majority of | 21 | | members, as may be required.
| 22 | | The board shall provide for the proper and safe keeping of | 23 | | its permanent
records and for the recording of the corporate |
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| 1 | | action of the district. It
shall keep a proper system of | 2 | | accounts showing a true and accurate record
of its receipts and | 3 | | disbursements, and it shall cause an annual audit to be
made of | 4 | | its books, records, and accounts.
| 5 | | The records of the district shall be subject to public | 6 | | inspection at all
reasonable hours and under regulations as the | 7 | | board may prescribe.
| 8 | | The district shall annually make a full and complete report | 9 | | to the
county board of each county within the district and to | 10 | | the Department of Natural Resources of its transactions and
| 11 | | operations for the preceding year. The report shall contain a | 12 | | full statement
of its receipts, disbursements, and the program | 13 | | of work for the period covered,
and may include recommendations | 14 | | as may be deemed advisable.
| 15 | | Executive or ministerial duties may be delegated to one or | 16 | | more trustees
or to an authorized officer, employee, agent, | 17 | | attorney, or other
representative of the district.
| 18 | | All officers and employees authorized to receive or retain | 19 | | the custody
of money or to sign vouchers, checks, warrants, or | 20 | | evidences of indebtedness
binding upon the district shall | 21 | | furnish surety bond for the faithful
performance of their | 22 | | duties and the faithful accounting for all moneys that
may come | 23 | | into their hands in an amount to be fixed and in a form to be
| 24 | | approved by the board.
| 25 | | All contracts for supplies, material, or work involving an | 26 | | expenditure in
excess of $25,000, or a lower amount if required |
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| 1 | | by board policy, $20,000 shall be let to the lowest responsible | 2 | | bidder, after due
advertisement, excepting work requiring | 3 | | personal confidence or necessary
supplies under the control of | 4 | | monopolies, where competitive bidding is
impossible. All | 5 | | contracts for supplies, material, or work shall be signed by
| 6 | | the president of the board and by any other officer as the | 7 | | board in
its discretion may designate.
| 8 | | (Source: P.A. 94-454, eff. 8-4-05; 95-54, eff. 8-10-07.)
| 9 | | Section 10. The Downstate Forest Preserve District Act is | 10 | | amended by changing Section 8 as follows:
| 11 | | (70 ILCS 805/8) (from Ch. 96 1/2, par. 6315)
| 12 | | Sec. 8. Powers and duties of corporate authority and | 13 | | officers; contracts; salaries.
| 14 | | (a) The board shall be the corporate authority of such | 15 | | forest
preserve district and shall have power to pass and | 16 | | enforce all necessary
ordinances, rules and regulations for the | 17 | | management of the property and
conduct of the business of such | 18 | | district. The president of such board
shall have power to | 19 | | appoint such employees as may be necessary. In counties
with | 20 | | population of less than 3,000,000, within 60 days after their | 21 | | selection
the commissioners appointed under the provisions of | 22 | | Section 3a of this Act
shall organize by selecting from their | 23 | | members a president, secretary,
treasurer and such other | 24 | | officers as are deemed necessary who shall hold
office for the |
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| 1 | | fiscal year in which elected and until their successors are
| 2 | | selected and qualify. In the one district in existence on July | 3 | | 1, 1977, that
is managed by an appointed board of | 4 | | commissioners, the incumbent president
and the other officers | 5 | | appointed in the manner as originally prescribed in this
Act | 6 | | shall hold such offices until the completion of their | 7 | | respective terms or
in the case of the officers other than | 8 | | president until their successors
are appointed by said | 9 | | president, but in all cases not to extend beyond January
1, | 10 | | 1980 and until their successors are selected and qualify. | 11 | | Thereafter,
the officers shall be selected in the manner as | 12 | | prescribed in this Section
except that their first term of | 13 | | office shall not expire until June 30, 1981
and until their | 14 | | successors are selected and qualify.
| 15 | | (b) In any county, city, village, incorporated town or
| 16 | | sanitary district where the corporate authorities act as the
| 17 | | governing body of a forest preserve district, the person | 18 | | exercising
the powers of the president of the board shall have | 19 | | power to appoint a
secretary and an assistant secretary and | 20 | | treasurer and an assistant
treasurer and such other officers | 21 | | and such employees as may be necessary.
The assistant secretary | 22 | | and assistant treasurer shall perform the duties
of the | 23 | | secretary and treasurer, respectively in case of death of such | 24 | | officers
or when such officers are unable to perform the duties | 25 | | of their respective
offices. All contracts for supplies, | 26 | | material or
work involving an expenditure in excess of $25,000, |
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| 1 | | or a lower amount if required by board policy, $20,000 shall be | 2 | | let to the lowest
responsible bidder, after advertising at | 3 | | least once in one or more
newspapers of general circulation | 4 | | within the district, excepting work
requiring personal | 5 | | confidence or necessary
supplies under the control of | 6 | | monopolies, where competitive bidding is
impossible. Contracts | 7 | | for supplies, material or work involving an
expenditure of | 8 | | $25,000, or a lower amount if required by board policy, $20,000 | 9 | | or less may be let without advertising for bids,
but whenever | 10 | | practicable, at least 3 competitive bids shall be obtained
| 11 | | before letting such contract. All contracts for supplies, | 12 | | material or
work shall be signed by the president of the board | 13 | | of commissioners or
by any such other officer as the board in | 14 | | its discretion may designate.
| 15 | | (c) The president of any board of commissioners appointed | 16 | | under the
provisions of Section 3a of this Act shall receive a | 17 | | salary not to
exceed the sum of $2500 per annum and the salary | 18 | | of other members of the
board so appointed shall not exceed | 19 | | $1500 per annum. Salaries of the
commissioners, officers and | 20 | | employees shall be fixed by ordinance.
| 21 | | (d) Whenever a forest preserve district owns any personal | 22 | | property that, in the opinion of three-fifths of the members of | 23 | | the board of commissioners, is no longer necessary, useful to, | 24 | | or for the best interests of the forest preserve district, then | 25 | | three-fifths of the members of the board, at any regular | 26 | | meeting or any special meeting called for that purpose by an |
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| 1 | | ordinance or resolution that includes a general description of | 2 | | the personal property, may authorize the conveyance or sale of | 3 | | that personal property in any manner that they may designate, | 4 | | with or without advertising the sale. | 5 | | (Source: P.A. 97-851, eff. 7-26-12; 98-463, eff. 8-16-13.)
| 6 | | Section 15. The Park District Code is amended by changing | 7 | | Section 8-1 as follows:
| 8 | | (70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
| 9 | | Sec. 8-1. General corporate powers.
Every park district | 10 | | shall, from the time of its
organization, be a body corporate | 11 | | and politic by the name set forth
in the petition for its | 12 | | organization, the specific name set forth in this Code, or the | 13 | | name it may adopt under
Section 8-9 and shall have and exercise | 14 | | the following powers:
| 15 | | (a) To adopt a corporate seal and alter the same at | 16 | | pleasure; to sue
and be sued; and to contract in furtherance of | 17 | | any of its corporate purposes.
| 18 | | (b) (1) To acquire by gift, legacy, grant or purchase, or | 19 | | by
condemnation in the manner provided for the exercise of the | 20 | | power of eminent
domain under the Eminent Domain Act, any and | 21 | | all real estate, or
rights therein necessary for building, | 22 | | laying out, extending, adorning
and maintaining any such parks, | 23 | | boulevards and driveways, or for
effecting any of the powers or | 24 | | purposes granted under this Code as its
board may deem proper, |
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| 1 | | whether such lands be located within or without such
district; | 2 | | but no park district, except as provided in paragraph (2) of | 3 | | this
subsection, shall have any power of condemnation in the | 4 | | manner provided for the
exercise of the power of eminent domain | 5 | | under the Eminent Domain Act or otherwise as to any real
| 6 | | estate, lands, riparian rights or estate, or other property | 7 | | situated outside of
such district, but shall only have power to | 8 | | acquire the same by gift, legacy,
grant or purchase, and such | 9 | | district shall have the same control of and power
over lands so | 10 | | acquired without the district as over parks, boulevards and
| 11 | | driveways within such district.
| 12 | | (2) In addition to the powers granted in paragraph (1) of | 13 | | subsection (b),
a park district located in more than one | 14 | | county, the majority of its territory
located in a county over | 15 | | 450,000 in population and none of its territory
located in a | 16 | | county over 1,000,000 in population, shall have condemnation
| 17 | | power in the manner provided for the exercise of the power of | 18 | | eminent domain
under the Eminent Domain Act
or as otherwise | 19 | | granted by law
as to any and all real estate situated up to one | 20 | | mile outside of such district
which is not within the | 21 | | boundaries of another park district.
| 22 | | (c) To acquire by gift, legacy or purchase any personal | 23 | | property necessary
for its corporate purposes provided that all | 24 | | contracts for supplies, materials
or work involving an | 25 | | expenditure in excess of $25,000, or a lower amount if required | 26 | | by board policy, $20,000 shall be let to the
lowest responsible |
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| 1 | | bidder after due advertisement. No district shall be required | 2 | | to accept a bid that does not meet the district's established | 3 | | specifications, terms of
delivery, quality, and serviceability | 4 | | requirements. Contracts which, by their nature, are not adapted | 5 | | to award by competitive
bidding, such as contracts for the | 6 | | services of individuals
possessing a high degree of | 7 | | professional skill where the ability or
fitness of the | 8 | | individual plays an important part, contracts for the
printing | 9 | | of finance committee reports and departmental reports,
| 10 | | contracts for the printing or engraving of bonds, tax warrants | 11 | | and other
evidences of indebtedness, contracts for utility | 12 | | services such as water,
light, heat, telephone or telegraph, | 13 | | contracts for the use, purchase,
delivery, movement, or | 14 | | installation of data processing equipment, software, or
| 15 | | services and telecommunications and interconnect equipment, | 16 | | software, or
services, contracts for duplicating machines and | 17 | | supplies, contracts for goods
or services procured from another | 18 | | governmental agency, purchases of equipment
previously owned | 19 | | by some entity other than the district itself, and
contracts | 20 | | for the purchase of magazines, books, periodicals, pamphlets | 21 | | and
reports are not subject to competitive bidding. Contracts | 22 | | for emergency expenditures are also exempt from competitive | 23 | | bidding when the
emergency expenditure is approved by 3/4 of | 24 | | the members of the board.
| 25 | | All competitive bids for contracts involving an | 26 | | expenditure in excess of $25,000, or a lower amount if required |
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| 1 | | by board policy,
$20,000 must be sealed by the bidder and must | 2 | | be opened by a member or employee
of the park board at a public | 3 | | bid opening at which the contents of the bids
must be | 4 | | announced. Each bidder must receive at least 3 days notice of | 5 | | the
time and place of the bid opening.
| 6 | | For purposes of this subsection, "due advertisement" | 7 | | includes, but is not
limited to, at least one public notice at | 8 | | least 10 days before the bid date in
a newspaper published in | 9 | | the district or, if no newspaper is published in the
district, | 10 | | in a newspaper of general circulation in the area of the | 11 | | district.
| 12 | | (d) To pass all necessary ordinances, rules and regulations | 13 | | for the
proper management and conduct of the business of the | 14 | | board and district
and to establish by ordinance all needful | 15 | | rules and regulations for the
government and protection of | 16 | | parks, boulevards and driveways and other
property under its | 17 | | jurisdiction, and to effect the objects for which
such | 18 | | districts are formed.
| 19 | | (e) To prescribe such fines and penalties for the violation | 20 | | of
ordinances as it shall deem proper not exceeding $1,000 for | 21 | | any
one
offense, which fines and penalties may be recovered by | 22 | | an action in the name
of such district in the circuit court for | 23 | | the county in which such
violation occurred. The park district | 24 | | may also seek in the action, in
addition to or instead of fines | 25 | | and penalties, an order that the offender
be required to make | 26 | | restitution for damage resulting from violations, and
the court |
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| 1 | | shall grant such relief where appropriate. The procedure in
| 2 | | such actions shall be the same as that provided by law for like | 3 | | actions for the
violation of ordinances in cities organized | 4 | | under the general laws of this
State, and offenders may be | 5 | | imprisoned for non-payment of fines and costs in
the same | 6 | | manner as in such cities. All fines when collected shall be | 7 | | paid into
the treasury of such district.
| 8 | | (f) To manage and control all officers and property of such
| 9 | | districts and to provide for joint ownership with one or more | 10 | | cities,
villages or incorporated towns of real and personal | 11 | | property used for
park purposes by one or more park districts. | 12 | | In case of joint ownership,
the terms of the agreement shall be | 13 | | fair, just and equitable to all
parties and shall be set forth | 14 | | in a written agreement entered into by
the corporate | 15 | | authorities of each participating district, city, village
or | 16 | | incorporated town.
| 17 | | (g) To secure grants and loans, or either, from the United | 18 | | States
Government, or any agency or agencies thereof, for | 19 | | financing the
acquisition or purchase of any and all real | 20 | | estate, or rights therein,
or for effecting any of the powers | 21 | | or purposes granted under this Code
as its Board may deem | 22 | | proper.
| 23 | | (h) To establish fees for the use of facilities and | 24 | | recreational programs of
the districts and to derive revenue | 25 | | from non-resident fees from their
operations. Fees charged | 26 | | non-residents of such district need not be the same as
fees |
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| 1 | | charged to residents of the district. Charging fees or deriving | 2 | | revenue
from the facilities and recreational programs shall not | 3 | | affect the right to
assert or utilize any defense or immunity, | 4 | | common law or statutory, available
to the districts or their | 5 | | employees.
| 6 | | (i) To make contracts for a term exceeding one year, but | 7 | | not to exceed
3 years, notwithstanding any provision of this | 8 | | Code to the contrary,
relating to: (1) the employment of a park | 9 | | director, superintendent,
administrator, engineer, health | 10 | | officer, land planner, finance director,
attorney, police | 11 | | chief, or other officer who requires technical training or
| 12 | | knowledge; (2) the employment of outside professional | 13 | | consultants such as
engineers, doctors, land planners, | 14 | | auditors, attorneys, or other
professional consultants who | 15 | | require technical training or knowledge; (3)
the provision of | 16 | | data processing equipment and services; and (4) the purchase of | 17 | | energy from a utility or an alternative retail electric | 18 | | supplier. With respect to
any contract made under this | 19 | | subsection (i), the corporate authorities
shall include in the | 20 | | annual appropriation ordinance for each fiscal year an
| 21 | | appropriation of a sum of money sufficient to pay the amount | 22 | | which, by the
terms of the contract, is to become due and | 23 | | payable during that fiscal year.
| 24 | | (j) To enter into licensing or management agreements with | 25 | | not-for-profit
corporations organized under the laws of this | 26 | | State to operate park district
facilities if the corporation |
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| 1 | | covenants to use the facilities to provide public
park or | 2 | | recreational programs for youth.
| 3 | | (Source: P.A. 98-325, eff. 8-12-13; 98-772, eff. 7-16-14.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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