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Public Act 101-0632


 

Public Act 0632 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0632
 
HB2096 EnrolledLRB101 04912 AWJ 49921 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Township Code is amended by changing
Sections 30-5 and 30-10 as follows:
 
    (60 ILCS 1/30-5)
    Sec. 30-5. Annual township meeting.
    (a) The annual township meeting in the respective townships
for the transaction of the business of the township shall be
held on the second Tuesday of April in each year, after 6 p.m.,
at the place appointed for those meetings. Elections for
township officers shall be held in accordance with the
consolidated schedule of elections prescribed by the general
election law.
    (b) Whenever the date designated in subsection (a)
conflicts with the celebration of Passover, the township board
may postpone the annual township meeting to the first Tuesday
following the last day of Passover.
    (c) Whenever the consolidated election provided for in
subsection (b) of Section 2A-1.1 of the Election Code is
rescheduled to the second Tuesday in April under Section
2A-1.1a of the Election Code, the annual township meeting shall
be held on the third Tuesday in April at the time designated by
the electors or the township board, whichever is appropriate.
    (d) If the Governor declares a disaster under Section 7 of
the Illinois Emergency Management Agency Act and the disaster
declaration is effective during the dates designated for a
township's annual meeting under subsection (a), (b), or (c), a
township board may postpone the annual meeting if circumstances
related to the disaster declaration prevent a township from
holding its annual meeting. An annual township meeting
postponed under this subsection shall be held on the third
Tuesday, after 6 p.m., of the month following the expiration of
the disaster declaration. If a subsequent disaster is declared
under Section 7 of the Illinois Emergency Management Agency Act
prior to or one day after the expiration of the disaster
declaration upon which the township board based its decision to
postpone the annual meeting and the township board intends to
proceed with the annual meeting during this subsequent disaster
declaration, the township board must consult with and receive
written approval from the county health department in order to
proceed with the annual meeting during the course of the
subsequent disaster declaration.
(Source: P.A. 88-62; incorporates 88-360; 88-670, eff.
12-2-94.)
 
    (60 ILCS 1/30-10)
    Sec. 30-10. Notice of meeting; agenda.
    (a) Notice of the time and place of holding the annual and
any special township meetings shall be given by the township
clerk (or, in the clerk's absence, the supervisor, assessor, or
collector) by posting written or printed notices in 3 of the
most public places in the township at least 15 days before the
meeting and, if there is an English language newspaper
published in the township, by at least one publication in that
newspaper before the meeting. The notice shall set forth the
agenda for the meeting.
    (b) Agenda. Not less than 15 days before the annual
meeting, the township board shall adopt an agenda for the
annual meeting. Any 15 or more registered voters in the
township may request an agenda item for consideration by the
electors at the annual meeting by giving written notice of a
specific request to the township clerk no later than March 1
prior to the annual meeting. The agenda published by the
township board shall include any such request made by voters if
the request is relevant to powers granted to electors under the
Township Code.
    (c) Additional agenda items. Any matter or proposal not set
forth in the published agenda shall not be considered at the
annual meeting other than advising that the matter may be
considered at a special meeting of the electors at a later
date.
    (d) Notice and agenda requirements for an annual township
meeting that has been postponed under subsection (d) of Section
30-5 shall be the same as provided in this Section.
(Source: P.A. 98-653, eff. 6-18-14.)
 
    Section 10. Sections 20 and 25 of this Act may be referred
to as the Cards for Kids Act.
 
    Section 15. The Illinois Local Library Act is amended by
changing Section 4-7 as follows:
 
    (75 ILCS 5/4-7)  (from Ch. 81, par. 4-7)
    Sec. 4-7. Each board of library trustees of a city,
incorporated town, village or township shall carry out the
spirit and intent of this Act in establishing, supporting and
maintaining a public library or libraries for providing library
service and, in addition to but without limiting other powers
conferred by this Act, shall have the following powers:
        1. To make and adopt such bylaws, rules and
    regulations, for their own guidance and for the government
    of the library as may be expedient, not inconsistent with
    this Act;
        2. To have the exclusive control of the expenditure of
    all moneys collected for the library and deposited to the
    credit of the library fund;
        3. To have the exclusive control of the construction of
    any library building and of the supervision, care and
    custody of the grounds, rooms or buildings constructed,
    leased or set apart for that purpose;
        4. To purchase or lease real or personal property, and
    to construct an appropriate building or buildings for the
    use of a library established hereunder, using, at the
    board's option, contracts providing for all or part of the
    consideration to be paid through installments at stated
    intervals during a certain period not to exceed 20 years
    with interest on the unpaid balance at any lawful rate for
    municipal corporations in this State, except that
    contracts for installment purchases of real estate shall
    provide for not more than 75% of the total consideration to
    be repaid by installments, and to refund at any time any
    installment contract entered into pursuant to this
    paragraph by means of a refunding loan agreement, which may
    provide for installment payments of principal and interest
    to be made at stated intervals during a certain period not
    to exceed 20 years from the date of such refunding loan
    agreement, with interest on the unpaid principal balance at
    any lawful rate for municipal corporations in this State,
    except that no installment contract or refunding loan
    agreement for the same property or construction project may
    exceed an aggregate of 20 years;
        5. To remodel or reconstruct a building erected or
    purchased by the board, when such building is not adapted
    to its purposes or needs;
        6. To sell or otherwise dispose of any real or personal
    property that it deems no longer necessary or useful for
    library purposes, and to lease to others any real property
    not immediately useful but for which plans for ultimate use
    have been or will be adopted but the corporate authorities
    shall have the first right to purchase or lease except that
    in the case of the City of Chicago, this power shall be
    governed and limited by the Chicago Public Library Act;
        7. To appoint and to fix the compensation of a
    qualified librarian, who shall have the authority to hire
    such other employees as may be necessary, to fix their
    compensation, and to remove such appointees, subject to the
    approval of the board, but these powers are subject to
    Division 1 of Article 10 of the Illinois Municipal Code in
    municipalities in which that Division is in force. The
    board may also retain counsel and professional consultants
    as needed;
        8. To contract with any public or private corporation
    or entity for the purpose of providing or receiving library
    service or of performing any and all other acts necessary
    and proper to carry out the responsibilities, the spirit,
    and the provisions of this Act. This contractual power
    includes, but is not limited to, participating in
    interstate library compacts and library systems,
    contracting to supply library services, and expending of
    any federal or State funds made available to any county,
    municipality, township or to the State of Illinois for
    library purposes. However, if a contract is for the supply
    of library services for residents without a public library
    established under the provisions of this Act, the terms of
    that contract will recognize the principle of equity or
    cost of services to non-residents expressed in this Section
    of this Act, and will provide for the assumption by the
    contracting party receiving the services of financial
    responsibility for the loss of or damage to any library
    materials provided to non-residents under the contract;
        9. To join with the board or boards of any one or more
    libraries in this State in maintaining libraries, or for
    the maintenance of a common library or common library
    services for participants, upon such terms as may be agreed
    upon by and between the boards;
        10. To enter into contracts and to take title to any
    property acquired by it for library purposes by the name
    and style of "The Board of Library Trustees of the (city,
    village, incorporated town or township) of ...." and by
    that name to sue and be sued;
        11. To exclude from the use of the library any person
    who wilfully violates the rules prescribed by the board;
        12. To extend the privileges and use of the library,
    including the borrowing of materials on an individual basis
    by persons residing outside of the city, incorporated town,
    village or township. If the board exercises this power, the
    privilege of library use shall be upon such terms and
    conditions as the board shall from time to time by its
    regulations prescribe, and for such privileges and use, the
    board shall charge a nonresident fee at least equal to the
    cost paid by residents of the city, incorporated town,
    village or township, with the cost to be determined
    according to the formula established by the Illinois State
    Library. A person residing outside of a public library
    service area must apply for a non-resident library card at
    the public library located closest to the person's
    principal residence. The nonresident cards shall allow for
    borrowing privileges at all participating public libraries
    in the regional library system. The nonresident fee shall
    not apply to: privilege and use provided under the terms of
    the library's membership in a library system operating
    under the provisions of the Illinois Library System Act,
    under the terms of any reciprocal agreement with a public
    or private corporation or entity providing a library
    service; , or to a nonresident who as an individual or as a
    partner, principal stockholder, or other joint owner owns
    or leases property that is taxed for library service or is
    a senior administrative officer of a firm, business, or
    other corporation owning taxable property within the city,
    incorporated town, village or township upon the
    presentation of the most recent tax bill upon that taxable
    property or a copy of the commercial lease of that taxable
    property; or to a nonresident in an unincorporated area in
    Illinois who is a student whose household falls at or below
    the U.S. Department of Agriculture's Income Eligibility
    Guidelines . Nothing in this item 12 requires any public
    library to participate in the non-resident card reciprocal
    borrowing program of a regional library system as provided
    for in this Section;
        13. To exercise the power of eminent domain subject to
    the prior approval of the corporate authorities under
    Sections 5-1 and 5-2 of this Act;
        14. To join the public library as a member and to join
    the library trustees as members in the Illinois Library
    Association and the American Library Association,
    non-profit, non-political, 501(c)(3) associations, as
    designated by the federal Internal Revenue Service, having
    the purpose of library development and librarianship; to
    provide for the payment of annual membership dues, fees and
    assessments and act by, through and in the name of such
    instrumentality by providing and disseminating information
    and research services, employing personnel and doing any
    and all other acts for the purpose of improving library
    development;
        15. To invest funds pursuant to the Public Funds
    Investment Act; and
        16. To accumulate and set apart as reserve funds
    portions of the unexpended balances of the proceeds
    received annually from taxes or other sources, for the
    purpose of providing self-insurance against liabilities
    relating to the public library.
(Source: P.A. 100-875, eff. 8-14-18.)
 
    Section 20. The Public Library District Act of 1991 is
amended by changing Section 30-55.60 as follows:
 
    (75 ILCS 16/30-55.60)
    Sec. 30-55.60. Use of library by nonresidents. The board
may extend the privileges and use of the library, including the
borrowing of materials on an individual basis by persons
residing outside the district. If the board exercises this
power, the privilege of library use shall be upon terms and
conditions prescribed by the board in its regulations. The
board shall charge a nonresident fee for the privileges and use
of the library at least equal to the cost paid by residents of
the district, with the cost to be determined according to the
formula established by the Illinois State Library. A person
residing outside of a public library service area must apply
for a non-resident library card at the public library closest
to the person's principal residence. The nonresident cards
shall allow for borrowing privileges at all participating
public libraries in the regional library system. The
nonresident fee shall not apply to any of the following:
        (1) Privileges and use provided (i) under the terms of
    the district's membership in a library system operating
    under the provisions of the Illinois Library System Act or
    (ii) under the terms of any reciprocal agreement with a
    public or private corporation or entity providing a library
    service.
        (2) Residents of an area in which the library is
    conducting a program for the purpose of encouraging the
    inclusion of the area in the library district.
        (3) A nonresident who, as an individual or as a
    partner, principal stockholder, or other joint owner, owns
    or leases property that is taxed for library service or is
    a senior administrative officer of a firm, business, or
    other corporation owning taxable property within the
    district, upon presentation of the most recent tax bill
    upon that taxable property or a copy of the commercial
    lease of that taxable property.
        (4) A nonresident in an unincorporated area in Illinois
    who is a student whose household falls at or below the U.S.
    Department of Agriculture's Income Eligibility Guidelines.
    Nothing in this Section requires any public library to
participate in the non-resident card reciprocal borrowing
program of a regional library system as provided for in this
Section.
(Source: P.A. 100-875, eff. 8-14-18.)
 
    Section 25. The School Code is amended by changing Section
10-20.21 as follows:
 
    (105 ILCS 5/10-20.21)
    Sec. 10-20.21. Contracts.
    (a) To award all contracts for purchase of supplies and
materials or work involving an expenditure in excess of $25,000
or a lower amount as required by board policy to the lowest
responsible bidder, considering conformity with
specifications, terms of delivery, quality and serviceability,
after due advertisement, except the following: (i) contracts
for the services of individuals possessing a high degree of
professional skill where the ability or fitness of the
individual plays an important part; (ii) contracts for the
printing of finance committee reports and departmental
reports; (iii) contracts for the printing or engraving of
bonds, tax warrants and other evidences of indebtedness; (iv)
contracts for the purchase of perishable foods and perishable
beverages; (v) contracts for materials and work which have been
awarded to the lowest responsible bidder after due
advertisement, but due to unforeseen revisions, not the fault
of the contractor for materials and work, must be revised
causing expenditures not in excess of 10% of the contract
price; (vi) contracts for the maintenance or servicing of, or
provision of repair parts for, equipment which are made with
the manufacturer or authorized service agent of that equipment
where the provision of parts, maintenance, or servicing can
best be performed by the manufacturer or authorized service
agent; (vii) purchases and contracts for the use, purchase,
delivery, movement, or installation of data processing
equipment, software, or services and telecommunications and
interconnect equipment, software, and services; (viii)
contracts for duplicating machines and supplies; (ix)
contracts for the purchase of fuel, including diesel, gasoline,
oil, aviation, natural gas, or propane, lubricants, or other
petroleum products; (x) purchases of equipment previously
owned by some entity other than the district itself; (xi)
contracts for repair, maintenance, remodeling, renovation, or
construction, or a single project involving an expenditure not
to exceed $50,000 and not involving a change or increase in the
size, type, or extent of an existing facility; (xii) contracts
for goods or services procured from another governmental
agency; (xiii) contracts for goods or services which are
economically procurable from only one source, such as for the
purchase of magazines, books, periodicals, pamphlets and
reports, and for utility services such as water, light, heat,
telephone or telegraph; (xiv) where funds are expended in an
emergency and such emergency expenditure is approved by 3/4 of
the members of the board; (xv) State master contracts
authorized under Article 28A of this Code; and (xvi) contracts
providing for the transportation of pupils, which contracts
must be advertised in the same manner as competitive bids and
awarded by first considering the bidder or bidders most able to
provide safety and comfort for the pupils, stability of
service, and any other factors set forth in the request for
proposal regarding quality of service, and then price. However,
at no time shall a cause of action lie against a school board
for awarding a pupil transportation contract per the standards
set forth in this subsection (a) unless the cause of action is
based on fraudulent conduct.
    All competitive bids for contracts involving an
expenditure in excess of $25,000 or a lower amount as required
by board policy must be sealed by the bidder and must be opened
by a member or employee of the school board at a public bid
opening at which the contents of the bids must be announced.
Each bidder must receive at least 3 days' notice of the time
and place of the bid opening. For purposes of this Section due
advertisement includes, but is not limited to, at least one
public notice at least 10 days before the bid date in a
newspaper published in the district, or if no newspaper is
published in the district, in a newspaper of general
circulation in the area of the district. State master contracts
and certified education purchasing contracts, as defined in
Article 28A of this Code, are not subject to the requirements
of this paragraph.
    Under this Section, the acceptance of bids sealed by a
bidder and the opening of these bids at a public bid opening
may be permitted by an electronic process for communicating,
accepting, and opening competitive bids. However, bids for
construction purposes are prohibited from being communicated,
accepted, or opened electronically. An electronic bidding
process must provide for, but is not limited to, the following
safeguards:
        (1) On the date and time certain of a bid opening, the
    primary person conducting the competitive, sealed,
    electronic bid process shall log onto a specified database
    using a unique username and password previously assigned to
    the bidder to allow access to the bidder's specific bid
    project number.
        (2) The specified electronic database must be on a
    network that (i) is in a secure environment behind a
    firewall; (ii) has specific encryption tools; (iii)
    maintains specific intrusion detection systems; (iv) has
    redundant systems architecture with data storage back-up,
    whether by compact disc or tape; and (v) maintains a
    disaster recovery plan.
It is the legislative intent of Public Act 96-841 to maintain
the integrity of the sealed bidding process provided for in
this Section, to further limit any possibility of bid-rigging,
to reduce administrative costs to school districts, and to
effect efficiencies in communications with bidders.
    (b) To require, as a condition of any contract for goods
and services, that persons bidding for and awarded a contract
and all affiliates of the person collect and remit Illinois Use
Tax on all sales of tangible personal property into the State
of Illinois in accordance with the provisions of the Illinois
Use Tax Act regardless of whether the person or affiliate is a
"retailer maintaining a place of business within this State" as
defined in Section 2 of the Use Tax Act. For purposes of this
Section, the term "affiliate" means any entity that (1)
directly, indirectly, or constructively controls another
entity, (2) is directly, indirectly, or constructively
controlled by another entity, or (3) is subject to the control
of a common entity. For purposes of this subsection (b), an
entity controls another entity if it owns, directly or
individually, more than 10% of the voting securities of that
entity. As used in this subsection (b), the term "voting
security" means a security that (1) confers upon the holder the
right to vote for the election of members of the board of
directors or similar governing body of the business or (2) is
convertible into, or entitles the holder to receive upon its
exercise, a security that confers such a right to vote. A
general partnership interest is a voting security.
    To require that bids and contracts include a certification
by the bidder or contractor that the bidder or contractor is
not barred from bidding for or entering into a contract under
this Section and that the bidder or contractor acknowledges
that the school board may declare the contract void if the
certification completed pursuant to this subsection (b) is
false.
    (b-5) To require all contracts and agreements that pertain
to goods and services and that are intended to generate
additional revenue and other remunerations for the school
district in excess of $1,000, including without limitation
vending machine contracts, sports and other attire, class
rings, and photographic services, to be approved by the school
board. The school board shall file as an attachment to its
annual budget a report, in a form as determined by the State
Board of Education, indicating for the prior year the name of
the vendor, the product or service provided, and the actual net
revenue and non-monetary remuneration from each of the
contracts or agreements. In addition, the report shall indicate
for what purpose the revenue was used and how and to whom the
non-monetary remuneration was distributed.
    (b-10) To prohibit any contract to purchase food with a
bidder or offeror if the bidder's or offeror's contract terms
prohibit the school from donating food to food banks,
including, but not limited to, homeless shelters, food
pantries, and soup kitchens.
    (c) If the State education purchasing entity creates a
master contract as defined in Article 28A of this Code, then
the State education purchasing entity shall notify school
districts of the existence of the master contract.
    (d) In purchasing supplies, materials, equipment, or
services that are not subject to subsection (c) of this
Section, before a school district solicits bids or awards a
contract, the district may review and consider as a bid under
subsection (a) of this Section certified education purchasing
contracts that are already available through the State
education purchasing entity.
(Source: P.A. 101-570, eff. 8-23-19.)
 
    Section 30. The Illinois Public Aid Code is amended by
changing Sections 6-1.2, 6-2, and 6-10 as follows:
 
    (305 ILCS 5/6-1.2)  (from Ch. 23, par. 6-1.2)
    Sec. 6-1.2. Need. Income available to the person, when
added to contributions in money, substance, or services from
other sources, including contributions from legally
responsible relatives, must be insufficient to equal the grant
amount established by Department regulation (or by local
governmental unit in units which do not receive State funds)
for such a person.
    In determining income to be taken into account:
        (1) The first $75 of earned income in income assistance
    units comprised exclusively of one adult person shall be
    disregarded, and for not more than 3 months in any 12
    consecutive months that portion of earned income beyond the
    first $75 that is the difference between the standard of
    assistance and the grant amount, shall be disregarded.
        (2) For income assistance units not comprised
    exclusively of one adult person, when authorized by rules
    and regulations of the Illinois Department, a portion of
    earned income, not to exceed the first $25 a month plus 50%
    of the next $75, may be disregarded for the purpose of
    stimulating and aiding rehabilitative effort and
    self-support activity.
    "Earned income" means money earned in self-employment or
wages, salary, or commission for personal services performed as
an employee. The eligibility of any applicant for or recipient
of public aid under this Article is not affected by the payment
of any grant under the "Senior Citizens and Persons with
Disabilities Property Tax Relief Act", any refund or payment of
the federal Earned Income Tax Credit, any rebate authorized
under Section 2201(a) of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136) or under any other
federal economic stimulus program created in response to the
COVID-19 emergency, or any distributions or items of income
described under subparagraph (X) of paragraph (2) of subsection
(a) of Section 203 of the Illinois Income Tax Act.
(Source: P.A. 99-143, eff. 7-27-15.)
 
    (305 ILCS 5/6-2)  (from Ch. 23, par. 6-2)
    Sec. 6-2. Amount of aid. The amount and nature of General
Assistance for basic maintenance requirements shall be
determined in accordance with local budget standards for local
governmental units which do not receive State funds. For local
governmental units which do receive State funds, the amount and
nature of General Assistance for basic maintenance
requirements shall be determined in accordance with the
standards, rules and regulations of the Illinois Department.
However, the amount and nature of any financial aid is not
affected by the payment of any grant under the Senior Citizens
and Persons with Disabilities Property Tax Relief Act, any
rebate authorized under Section 2201(a) of the Coronavirus Aid,
Relief, and Economic Security Act (Public Law 116-136) or under
any other federal economic stimulus program created in response
to the COVID-19 emergency, or any distributions or items of
income described under subparagraph (X) of paragraph (2) of
subsection (a) of Section 203 of the Illinois Income Tax Act.
Due regard shall be given to the requirements and the
conditions existing in each case, and to the income, money
contributions and other support and resources available, from
whatever source. In local governmental units which do not
receive State funds, the grant shall be sufficient when added
to all other income, money contributions and support in excess
of any excluded income or resources, to provide the person with
a grant in the amount established for such a person by the
local governmental unit based upon standards meeting basic
maintenance requirements. In local governmental units which do
receive State funds, the grant shall be sufficient when added
to all other income, money contributions and support in excess
of any excluded income or resources, to provide the person with
a grant in the amount established for such a person by
Department regulation based upon standards providing a
livelihood compatible with health and well-being, as directed
by Section 12-4.11 of this Code.
    The Illinois Department may conduct special projects,
which may be known as Grant Diversion Projects, under which
recipients of financial aid under this Article are placed in
jobs and their grants are diverted to the employer who in turn
makes payments to the recipients in the form of salary or other
employment benefits. The Illinois Department shall by rule
specify the terms and conditions of such Grant Diversion
Projects. Such projects shall take into consideration and be
coordinated with the programs administered under the Illinois
Emergency Employment Development Act.
    The allowances provided under Article IX for recipients
participating in the training and rehabilitation programs
shall be in addition to such maximum payment.
    Payments may also be made to provide persons receiving
basic maintenance support with necessary treatment, care and
supplies required because of illness or disability or with
acute medical treatment, care, and supplies. Payments for
necessary or acute medical care under this paragraph may be
made to or in behalf of the person. Obligations incurred for
such services but not paid for at the time of a recipient's
death may be paid, subject to the rules and regulations of the
Illinois Department, after the death of the recipient.
(Source: P.A. 99-143, eff. 7-27-15.)
 
    (305 ILCS 5/6-10)  (from Ch. 23, par. 6-10)
    Sec. 6-10. Emergency financial assistance. Except in a
city, village or incorporated town of more than 500,000
population, when an applicant resides in the local governmental
unit in which he makes application, emergency financial
assistance to alleviate life-threatening circumstances or to
assist the individual in attaining self-sufficiency may be
given to or in behalf of the applicant. The emergency
assistance so given shall be by vendor payment in an amount
necessary to meet the need, up to the maximum established by
the local governmental unit. Emergency assistance shall not be
granted under this Section more than once to any applicant
during any 12 consecutive month period. Persons currently
receiving financial assistance under this Article or under any
other Article of this Code shall not be eligible for emergency
financial assistance under this Section. However, the amount
and nature of any emergency financial assistance is not
affected by the payment of any rebate authorized under Section
2201(a) of the Coronavirus Aid, Relief, and Economic Security
Act (Public Law 116-136) or under any other federal economic
stimulus program created in response to the COVID-19 emergency.
Persons receiving only medical assistance from the Illinois
Department may, however, receive emergency financial
assistance under this Section. Emergency financial assistance
may be provided under this Section to persons who are
applicants for public aid from the Illinois Department in order
to cover time periods prior to receipt of public aid from the
Illinois Department. A local governmental unit may use General
Assistance moneys to provide emergency financial assistance
under this Section but shall not use State funds to provide
assistance under this Section. If a local governmental unit
receives State funds to provide General Assistance under this
Article, assistance provided by the local governmental unit
under this Section shall not be considered in determining
whether a local governmental unit has qualified to receive
State funds under Article XII. A local governmental unit which
provides assistance under this Section shall not, as a result
of payment of such assistance, change the nature or amount of
assistance provided to any other individual or family under
this Article.
(Source: P.A. 88-412.)
 
    Section 35. The Housing Authorities Act is amended by
changing Sections 8.2, 14, and 24 as follows:
 
    (310 ILCS 10/8.2)  (from Ch. 67 1/2, par. 8.2)
    Sec. 8.2. Projects; competitive bidding; arrangement with
for-profit developer. An Authority has power to prepare, carry
out and operate projects; to provide for the construction,
reconstruction, improvement, alteration or repair of any
project or any part thereof; to take over by purchase, lease,
or otherwise any project undertaken by any government; to act
as agent for the Federal government in connection with the
acquisition, construction, operation, or management of a
project or any part thereof; to arrange with any government
within the area of operation for the furnishing, planning,
replanning, opening or closing of streets, roads, roadways,
alleys, parks, or other places of public facilities or for the
acquisition by any government or any agency, instrumentality or
subdivision thereof, of property, options or property rights or
for the furnishing of property or services in connection with a
project; to function as an agency of the city, village,
incorporated town or county for which it is constituted an
Authority and to act as an agent (when so designated) for any
government, with respect to matters relating to housing and the
purposes of this Act, including action for the elimination of
unsafe and unsanitary dwellings, the provision of rental
assistance, the clearing and redevelopment of blighted or slum
areas, the assembly of improved and unimproved land for
development or redevelopment purposes, the conservation and
rehabilitation of existing housing, and the provision of
decent, safe and sanitary and affordable housing
accommodations, and to utilize any and all of its powers to
assist governments in any manner which will tend to further the
objectives of this Act; to assist through the exercise of the
powers herein conferred any individual, association,
corporation or organization which presents a plan for
developing or redeveloping any property within the area of
operation of the Authority which will tend to provide decent,
safe and sanitary and affordable housing, or promote other uses
essential to sound community growth.
    In counties having a population of less than 1,000,000, any
contract in which State funds are used for repair, improvement
or rehabilitation of existing improvements that involves
expenditures that meet the requirements applicable to either
federal or State programs shall be let by free and competitive
bidding to the lowest responsible bidder upon bond and subject
to regulations as may be set by the Department and with the
written approval of the Department. In the case of an emergency
affecting the public health or safety declared by a majority
vote of the commissioners of the Housing Authority, contracts
may be let, to the extent necessary to resolve an emergency,
without public advertisement or competitive bidding.
    In addition to the powers conferred by this Act and other
laws concerning housing authorities, a Housing Authority in any
municipality or county having a population in excess of
1,000,000 shall be authorized to participate as a partner or
member of a partnership, limited liability company, joint
venture, or other form of a business arrangement with a
for-profit developer or non-profit developer and shall have all
powers deemed necessary and appropriate to engage in the
rehabilitation and development or ownership, or both
development and ownership, of low-income and mixed-income
rental and for-sale housing as a partner or member of a
partnership, limited liability company, or joint venture.
(Source: P.A. 95-887, eff. 8-22-08.)
 
    (310 ILCS 10/14)  (from Ch. 67 1/2, par. 14)
    Sec. 14. Approval of projects by Department. Prior to the
acquisition of title to any real property an Authority shall
submit to the Department data as to the location and cost of
the property, and prior to the undertaking of any construction
or other initiation of a project an Authority shall submit to
the Department the proposed plans, specifications and
estimates of the costs and a statement of the proposed methods
of financing and operating the project. An Authority shall not
finally acquire title to any real estate nor undertake the
construction or operation of a project without the approval of
the Department; provided that, if the Department shall fail
within thirty days after receipt thereof to state its
disapproval of the proposals or such modifications thereof as
it may deem desirable, the proposals shall be deemed to have
been approved as submitted. No change involving an expenditure
of more than twenty-five hundred dollars ($2500) shall be made
in any proposal approved by the Department without submission
to the Department in the manner prescribed in this Section. The
provisions of this Section shall not apply with reference to
any project which is or is to be financed in whole or in part by
the federal government or any agency or instrumentality thereof
or undertaken pursuant to the additional powers conferred in
Section 8.2 upon housing authorities in any municipality or
county having a population in excess of 1,000,000 pursuant to
this amendatory Act of the 95th General Assembly.
(Source: P.A. 95-887, eff. 8-22-08.)
 
    (310 ILCS 10/24)  (from Ch. 67 1/2, par. 24)
    Sec. 24. Management and operation of housing projects. It
is hereby declared to be the policy of this State that each
housing authority shall manage and operate its housing projects
in an efficient manner so as to enable it to fix the rentals
for dwellings at the lowest possible rates consistent with its
providing decent, safe and sanitary and affordable dwellings,
and that no Housing Authority shall construct or operate any
project for profit, or as a source of revenue to a city,
village, incorporated town or county. To this end an Authority
shall fix the rentals for dwellings in its projects at no
higher rates than it shall find to be necessary in order to
produce revenues which (together with all other available
moneys, revenues, income and receipts of the Authority from
whatever sources derived) will be sufficient (a) to pay, as the
same becomes due, the principal and interest on the bonds of
the Authority; (b) to meet and provide for the cost of
maintaining and operating the projects (including the cost of
any insurance on the projects or bonds issued therefor) and the
administrative expenses of the Authority; (c) to create (during
not less than the ten years immediately succeeding its issuance
of any bonds) a reserve sufficient to meet the large principal
and interest payments which will be due on bonds in any 2
consecutive years thereafter, and to maintain a reserve; and
(d) to create a reasonable reserve solely from any
contributions or grants to the Authority from the federal
government, the State, or any political subdivision of the
State for the purpose of meeting the cost of maintaining and
operating the project and of paying the principal and interest
on its bonds. The management of low-rent public housing
projects financed and developed under the U.S. Housing Act of
1937, as now or hereafter amended, shall be in accordance with
the provisions of that Act. The provisions of this Section 24
shall not apply to any project undertaken pursuant to the
additional powers conferred in Section 8.2 upon housing
authorities in any municipality or county having a population
in excess of 1,000,000 pursuant to this amendatory Act of the
95th General Assembly.
(Source: P.A. 95-887, eff. 8-22-08.)
 
    Section 90. The State Mandates Act is amended by adding
Section 8.44 as follows:
 
    (30 ILCS 805/8.44 new)
    Sec. 8.44. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by Section 4-7 of the
Illinois Local Library Act or Section 30-55.60 of the Public
Library District Act of 1991.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/5/2020