Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

65 ILCS 5/11-48.3-14

(65 ILCS 5/11-48.3-14) (from Ch. 24, par. 11-48.3-14)

Sec. 11-48.3-14.

The governing and administrative body of the
Authority shall be a Board consisting of 9 members and shall be known as
the Municipal Zoo Authority Board. The members of the Board shall be
individuals of generally recognized ability and integrity. They shall serve
without compensation, but shall be reimbursed for actual expenses incurred
by them in the performance of their duties.  Any member of the Board,
however, who is appointed to the office of secretary or treasurer may
receive compensation for his or her services as such officer. No member of
the Board or employee of the Authority shall have any private financial
interest, profit or benefit in any contract, work or business of the
Authority or in the sale or lease of any property to or from the Authority.

(Source: P.A. 86-279.)

65 ILCS 5/11-48.3-15

(65 ILCS 5/11-48.3-15) (from Ch. 24, par. 11-48.3-15)

Sec. 11-48.3-15.

Within 60 days after corporate authorities of a
single municipality qualified as an Authority under the provisions of
Section 11-48.3-3 of this Division shall adopt a resolution or ordinance
providing for an Authority, the mayor, with the advice and consent of the
corporate authorities, shall appoint 3 members of the Board for an initial
term expiring the second June first after appointment, 3 members of the
Board for an initial term expiring the third June first after appointment,
and 3 members of the Board for an initial term expiring the fifth June
first after appointment, and until their successors have been appointed and
qualified. At the expiration of the term of any member, the mayor with the
advice and consent of the corporate authorities, shall appoint his or her
successor in like manner for a term of 5 years from the first day of June
of the year in which they are appointed, except in case of an appointment
to fill a vacancy.

The Board of an Authority comprised of combinations of municipalities, as
provided in Section 11-48.3-3 of this Division, shall be appointed in the
following manner: memberships for the Board shall be apportioned among the
member municipalities, as nearly as possible, according to the proportion
each municipality's population as determined by the most recent federal
census bears to the total population of the metropolitan area as determined
by the most recent federal census. The initial terms of such appointees for
each such municipality shall then be determined by lot. Each such mayor,
with the advice and consent of his or her respective corporate authorities,
shall then appoint the members allotted to him or her in the manner
provided in this Section.

Within 30 days after certification of his or her appointment, and before
entering upon the duties of office, each member of the Board shall
take and subscribe the constitutional oath of office and file it in the
office of the Secretary of State.

(Source: P.A. 86-279.)

65 ILCS 5/11-48.3-16

(65 ILCS 5/11-48.3-16) (from Ch. 24, par. 11-48.3-16)

Sec. 11-48.3-16.

Members of the Board shall hold office until their
respective successors have been appointed and qualified. Any member may
resign from office to take effect when his or her successor has been
appointed and has qualified. The appointing officer may remove any member
of the Board appointed by him or her, in case of incompetency, neglect of
duty, or malfeasance in office, after service on the member, by registered
United States mail, return receipt requested, of a copy of the written
charges against him or her and an opportunity to be publicly heard in
person or by counsel in his or her own defense upon not less than 10 days'
notice. In case of failure to qualify within the time required, or of
abandonment of office, or in case of death, conviction of a felony or
removal from office, a member's office shall become vacant. Each vacancy
shall be filled for the unexpired term by appointment in like manner, as in
case of expiration of the term of a member of the Board.

(Source: P.A. 86-279.)

65 ILCS 5/11-48.3-17

(65 ILCS 5/11-48.3-17) (from Ch. 24, par. 11-48.3-17)

Sec. 11-48.3-17.

As soon as practicably possible after the appointment
of the initial members, the Board shall organize for the transaction of
business, select a chairperson and a temporary secretary from its own
number, and adopt by-laws and regulations to govern its proceedings. The
initial chairperson and his or her successors shall be elected by the Board
from time to time for the term of his or her office as a member of the
Board or for the term of 3 years, whichever is shorter.

(Source: P.A. 86-279.)

65 ILCS 5/11-48.3-18

(65 ILCS 5/11-48.3-18) (from Ch. 24, par. 11-48.3-18)

Sec. 11-48.3-18.

Regular meetings of the Board shall be held at least
once in each calendar month, the time and place of such meetings to be
fixed by the Board. Five members of the Board shall constitute a quorum for
the transaction of business. All action of the Board shall be by ordinance
or resolution and the affirmative vote of at least 5 members shall be
necessary for the adoption of any ordinance or resolution. All such
ordinances and resolutions before taking effect shall be approved by the
chairperson of the Board, and if the chairperson shall approve thereof he
or she shall sign the same, and such as the chairperson shall not approve
he or she shall return to the Board with his or her objections thereto in
writing at the next regular meeting of the Board occurring after the
passage thereof. But in case the chairperson shall fail to return any
ordinance or resolution with his or her objections thereto by the time
aforesaid, the chairperson shall be deemed to have approved the same and it
shall take effect accordingly. Upon the return of any ordinance or
resolution by the chairperson with his or her objections, the vote by
which the same was passed shall be reconsidered by the Board, and if
upon such reconsideration said ordinance or resolution is passed by the
affirmative vote of at least 6 members, it shall go into effect
notwithstanding the veto of the chairperson.  All ordinances, resolutions
and all proceedings of the Authority and all documents and records in
its possession shall be public records and open to public inspection,
except such documents and records as shall be kept or prepared by the
Board for use in negotiations, actions or proceedings to which the
Authority is a party.

(Source: P.A. 86-279.)

65 ILCS 5/11-48.3-19

(65 ILCS 5/11-48.3-19) (from Ch. 24, par. 11-48.3-19)

Sec. 11-48.3-19.

The Board shall appoint a secretary and a treasurer,
who need not be members of the Board, to hold office during the pleasure of
the Board, and fix their duties and compensation. Before entering upon the
duties of their respective offices they shall take and subscribe the
constitutional oath of office, and the treasurer shall execute a bond with
corporate sureties to be approved by the Board. The bond shall be payable
to the Authority in whatever penal sum may be directed upon the faithful
performance of the duties of the office and the payment of all money
received by him or her according to law and the orders of the Board. The
Board may, at any time, require a new bond from the treasurer in such penal
sum as may then be determined by the Board. The obligation of the sureties
shall not extend to any loss sustained by the insolvency, failure or
closing of any savings and loan association or national or State bank
wherein the treasurer has deposited funds if the bank or savings
and loan association has been approved by the Board as a depository for
these funds. The oaths of office and the treasurer's bond shall be filed in
the principal office of the Authority.

(Source: P.A. 86-279.)

65 ILCS 5/11-48.3-20

(65 ILCS 5/11-48.3-20) (from Ch. 24, par. 11-48.3-20)

Sec. 11-48.3-20.

All funds deposited by the treasurer in any bank or
savings and loan association shall be placed in the name of the Authority
and shall be withdrawn or paid out only by check or draft upon the bank or
savings and loan association, signed by the treasurer and countersigned by
the chairperson of the Board. The Board may designate any of its members or
any officer or employee of the Authority to affix the signature of the
chairperson and another to affix the signature of the treasurer to any
check or draft for payment of salaries or wages and for payment of any
other obligation of not more than $2,500.

No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or
hereafter amended.

(Source: P.A. 86-279.)

65 ILCS 5/11-48.3-21

(65 ILCS 5/11-48.3-21) (from Ch. 24, par. 11-48.3-21)

Sec. 11-48.3-21.

In case any officer whose signature appears upon any
check or draft, issued pursuant to this Act, ceases (after attaching his or
her signature) to hold office before the delivery thereof to the payee, his
or her signature nevertheless shall be valid and sufficient for all
purposes with the same effect as if he or she had remained in office until
delivery thereof.

(Source: P.A. 86-279.)

65 ILCS 5/11-48.3-22

(65 ILCS 5/11-48.3-22) (from Ch. 24, par. 11-48.3-22)

Sec. 11-48.3-22.

The Board may appoint a general manager who shall be a
person of recognized ability and business experience to hold office during the
pleasure of the Board. The general manager shall have management of the
properties and business of the Authority and of the employees thereof
subject to the general control of the Board, shall direct the
enforcement of all ordinances, resolutions, rules and regulations of the
Board, and shall perform such other duties as may be prescribed from
time to time by the Board. The Board may appoint a general attorney and
a chief engineer and shall provide for the appointment of such other
officers, attorneys, engineers, consultants, agents and employees as may
be necessary. It shall define their duties and require bonds of such of
them as the Board may designate. The general manager, general attorney,
chief engineer and all other officers provided for pursuant to this
Section shall be exempt from taking and subscribing any oath of office
and shall not be members of the Board. The compensation of the general
manager, general attorney, chief engineer and all other officers,
attorneys, consultants, agents and employees shall be fixed by the
Board.

(Source: P.A. 86-279.)

65 ILCS 5/11-48.3-23

(65 ILCS 5/11-48.3-23) (from Ch. 24, par. 11-48.3-23)

Sec. 11-48.3-23.

The Board shall have power to pass all ordinances and
make all rules and regulations proper or necessary to carry into effect the
powers granted to the Authority, with such fines or penalties as may be
deemed proper. All fines and penalties shall be imposed by ordinance, which
shall be published once in a newspaper of general circulation published in the
area embraced by the Authority. No such ordinance shall take effect until
10 days after its publication.

(Source: P.A. 97-146, eff. 1-1-12.)

65 ILCS 5/11-48.3-24

(65 ILCS 5/11-48.3-24) (from Ch. 24, par. 11-48.3-24)

Sec. 11-48.3-24.

All contracts for sale of property of the value of
more than $2,500 or for a concession in or lease of property, including air
rights, of the Authority for a term of more than one year shall be awarded
to the highest responsible bidder, after advertising for bids. All
construction contracts and contracts for supplies, materials, equipment and
services, when the expense thereof will exceed $2,500, shall be let to the
lowest responsible bidder, after advertising for bids, excepting (1) when
repair parts, accessories, equipment or services are required for equipment
or services previously furnished or contracted for; (2) when the nature of
the services required is such that competitive bidding is not in the best
interest of the public, including, without limiting the generality of the
foregoing, the services of accountants, architects, attorneys, engineers,
physicians, superintendents of construction and others possessing a high
degree of skill; (3) when services such as water, light, heat, power,
telephone or telegraph are required.

All contracts involving less than $2,500 shall be let by competitive
bidding to the lowest responsible bidder whenever possible, and in any
event in a manner calculated to insure the best interests of the public.

In determining the responsibility of any bidder, the Board may take into
account the past record of dealings with the bidder, experience, adequacy
of equipment, ability to complete performance within the time set, and
other factors besides financial responsibility, but in no case shall any
such contracts be awarded to any other than the highest bidder (in case of
sale, concession or lease) or the lowest bidder (in case of purchase or
expenditure) unless authorized or approved by a vote of at least
7 of the members of the Board, and unless such action is
accompanied by a statement in writing setting forth the reasons for not
awarding the contract to the highest or lowest bidder, as the case may be,
which statement shall be kept on file in the principal office of the
Authority and open to public inspection.

From the group of responsible bidders the lowest bidder shall be
selected in the following manner: to all bids for sales the gross receipts
of which are not taxable under the "Retailers' Occupation Tax Act", approved
June 28, 1933, as now or hereafter amended, there shall be added an amount
equal to the tax which would be payable under said Act, if applicable, and
the lowest in amount of said adjusted bids and bids for sales the gross
receipts of which are taxable under said Act shall be considered the lowest
bid; provided, that, if said lowest bid relates to a sale not taxable under
said Act, any contract entered into thereon shall be in the amount of the
original bid not adjusted as aforesaid.

Contracts shall not be split into parts involving expenditures of less
than $2,500 for the purposes of avoiding the provisions of this Section, and
all such split contracts shall be void. If any collusion occurs among
bidders or prospective bidders in restraint of freedom of competition, by
agreement to bid a fixed amount or to refrain from bidding or otherwise,
the bids of such bidders shall be void. Each bidder shall accompany his bid
with a sworn statement that he has not been a party to any such agreement.

Members of the Board, officers and employees of the Authority, and their
relatives within the fourth degree of consanguinity by the terms of the
civil law, are forbidden to be interested directly or indirectly in any
contract for construction or maintenance work or for the delivery of
materials, supplies or equipment.

The Board shall have the right to reject all bids and to readvertise for
bids. If after any such advertisement no responsible and satisfactory bid,
within the terms of the advertisement, shall be received, the Board may
award such contract, without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid received
pursuant to advertisement.

The Board shall adopt rules and regulations to carry into effect the
provisions of this Section.

(Source: P.A. 86-279.)

65 ILCS 5/11-48.3-25

(65 ILCS 5/11-48.3-25) (from Ch. 24, par. 11-48.3-25)

Sec. 11-48.3-25.

Advertisements for bids shall be published at least
twice in a daily newspaper of general circulation published in the
metropolitan area, the last publication to be at least 10 calendar days
before the time for receiving bids, and such advertisements shall also be
posted on readily  accessible bulletin boards in the principal office of
the Authority.  Such advertisements shall state the time and place for
receiving and opening of bids, and by reference to plans and specifications
on file at the time of the first publication, or in the advertisement
itself, shall describe the character of the proposed contract in sufficient
detail to fully advise prospective bidders of their obligations and to
insure free and open competitive bidding.

All bids in response to advertisements shall be sealed and shall be
publicly opened by the Board, and all bidders shall be entitled to be
present in person or by representatives.  Cash or a certified or
satisfactory cashier's check, as a deposit of good faith, in a reasonable
amount to be fixed by the Board before advertising for bids, shall be
required with the proposal of each bidder.  Bond for faithful performance of
the contract with surety or sureties satisfactory to the Board and adequate
insurance may be required in reasonable amounts to be fixed by the Board
before advertising for bids.

The contract shall be awarded as promptly as possible after the opening
of bids.  The bid of the successful bidder, as well as the bids of the
unsuccessful bidders, shall be placed on file and be open to public
inspection.  All bids shall be void if any disclosure of the terms of any
bid in response to an advertisement is made or permitted to be made by the
Board before the time fixed for opening bids.

Any bidder who has submitted a bid in compliance with the requirements
for bidding may bring a civil action in the circuit court within the
boundaries of the Authority to compel compliance with the provisions of
this Division relating to the awarding of contracts by the Board.

(Source: P.A. 86-279.)

65 ILCS 5/11-48.3-26

(65 ILCS 5/11-48.3-26) (from Ch. 24, par. 11-48.3-26)

Sec. 11-48.3-26.

As soon after the end of each fiscal year as may be
expedient, the Board shall cause to be prepared and printed a complete and
detailed report and financial statement of its operations and of its assets
and liabilities. A reasonably sufficient number of copies of such report
shall be printed for distribution to persons interested, upon request, and
a copy thereof shall be filed with the county clerk and the appointing
officers as provided in Section 11-48.3-15.

(Source: P.A. 86-279.)

65 ILCS 5/11-48.3-27

(65 ILCS 5/11-48.3-27) (from Ch. 24, par. 11-48.3-27)

Sec. 11-48.3-27.

Exemption from taxation.

All property of an
Authority created pursuant to this Division shall be exempt from taxation
by the State or any taxing unit therein.

(Source: P.A. 86-279.)

65 ILCS 5/11-48.3-28

(65 ILCS 5/11-48.3-28) (from Ch. 24, par. 11-48.3-28)

Sec. 11-48.3-28.

The Authority is hereby expressly made the beneficiary of
the provisions of Section 1 of "An Act to make explicit the authorization
for units of local government and certain other governmental bodies to act
as permitted by statute or the Illinois Constitution, notwithstanding effects
on competition", amendatory veto overridden November 3, 1983, as now or
hereafter amended, and the General Assembly intends that the "State action
exemption" to the application of the federal anti-trust laws be fully
available to the Authority to the extent its activities are either (1)
expressly or by necessary implication authorized by this Division or other
Illinois law, or (2) within traditional areas of local
governmental activity.

(Source: P.A. 86-249.)

65 ILCS 5/11-48.3-29

(65 ILCS 5/11-48.3-29) (from Ch. 24, par. 11-48.3-29)

Sec. 11-48.3-29.

The Authority shall receive financial
support from the Department of Commerce and Economic Opportunity in the
amounts that may be appropriated for such purpose.

(Source: P.A. 94-793, eff. 5-19-06.)

65 ILCS 5/Art 11 prec Div 49

(65 ILCS 5/Art 11 prec Div 49 heading)

CEMETERIES

65 ILCS 5/Art. 11 Div. 49

(65 ILCS 5/Art. 11 Div. 49 heading) DIVISION 49.

GENERAL CEMETERY POWER

AND TAX FOR REHABILITATION