Public Act 101-0304
 
SB0246 EnrolledLRB101 04911 AWJ 49920 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 Park District Code is amended  by changing 
Section 8-1 as follows:
 



    (70 ILCS 1205/8-1)  (from Ch. 105, par. 8-1)



    Sec. 8-1. General corporate powers.
Every park district 
shall, from the time of its
organization, be a body corporate 
and politic by the name set forth
in the petition for its 
organization, the specific name set forth in this Code, or the 
name it may adopt under
Section 8-9 and shall have and exercise 
the following powers:

        (a) To adopt a corporate seal and alter the same at 
    pleasure; to sue
and be sued; and to contract in 
    furtherance of any of its corporate purposes.

        (b)(1) To acquire by gift, legacy, grant or purchase, 
    or by
condemnation in the manner provided for the exercise 
    of the power of eminent
domain under the Eminent Domain 
    Act, any and all real estate, or
rights therein necessary 
    for building, laying out, extending, adorning
and 
    maintaining any such parks, boulevards and driveways, or 
    for
effecting any of the powers or purposes granted under 
    this Code as its
board may deem proper, whether such lands 
    be located within or without such
district; but no park 
    district, except as provided in paragraph (2) of this

    subsection, shall have any power of condemnation in the 
    manner provided for the
exercise of the power of eminent 
    domain under the Eminent Domain Act or otherwise as to any 
    real
estate, lands, riparian rights or estate, or other 
    property situated outside of
such district, but shall only 
    have power to acquire the same by gift, legacy,
grant or 
    purchase, and such district shall have the same control of 
    and power
over lands so acquired without the district as 
    over parks, boulevards and
driveways within such district.

        (2) In addition to the powers granted in paragraph (1) 
    of subsection (b),
a park district located in more than one 
    county, the majority of its territory
located in a county 
    over 450,000 in population and none of its territory

    located in a county over 1,000,000 in population, shall 
    have condemnation
power in the manner provided for the 
    exercise of the power of eminent domain
under the Eminent 
    Domain Act

or as otherwise granted by law
as to any and all 
    real estate situated up to one mile outside of such 
    district
which is not within the boundaries of another park 
    district.

        (c) To acquire by gift, legacy or purchase any personal 
    property necessary
for its corporate purposes provided 
    that all contracts for supplies, materials
or work 
    involving an expenditure in excess of $25,000, or a lower 
    amount if required by board policy, shall be let to the

    lowest responsible bidder after due advertisement. No 
    district shall be required to accept a bid that does not 
    meet the district's established specifications, terms of

    delivery, quality, and serviceability requirements.   
    Contracts which, by their nature, are not adapted to award 
    by competitive
bidding, such as 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, contracts for the
printing of finance 
    committee reports and departmental reports,
contracts for 
    the printing or engraving of bonds, tax warrants and other

    evidences of indebtedness, contracts for utility services 
    such as water,
light, heat, telephone or telegraph, 
    contracts for fuel (such as diesel, gasoline, oil, 
    aviation, or propane), lubricants, or other petroleum 
    products, contracts for the use, purchase,
delivery, 
    movement, or installation of data processing equipment, 
    software, or
services and telecommunications and 
    interconnect equipment, software, or
services, contracts 
    for duplicating machines and supplies, contracts for goods

    or services procured from another governmental agency, 
    purchases of equipment
previously owned by some entity 
    other than the district itself, and
contracts for the 
    purchase of magazines, books, periodicals, pamphlets and

    reports are not subject to competitive bidding.  Contracts 
    for emergency expenditures are also exempt from 
    competitive bidding when the

emergency expenditure is 
    approved by 3/4 of the members of the board.

        All competitive bids for contracts involving an 
    expenditure in excess of $25,000, or a lower amount if 
    required by board policy,
 must be sealed by the bidder and 
    must be opened by a member or employee
of the park 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 subsection, "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.

        (d) To pass all necessary ordinances, rules and 
    regulations for the
proper management and conduct of the 
    business of the board and district
and to establish by 
    ordinance all needful rules and regulations for the

    government and protection of parks, boulevards and 
    driveways and other
property under its jurisdiction, and to 
    effect the objects for which
such districts are formed.

        (e) To prescribe such fines and penalties for the 
    violation of
ordinances as it shall deem proper not 
    exceeding $1,000 for any
one
offense, which fines and 
    penalties may be recovered by an action in the name
of such 
    district in the circuit court for the county in which such

    violation occurred. The park district may also seek in the 
    action, in
addition to or instead of fines and penalties, 
    an order that the offender
be required to make restitution 
    for damage resulting from violations, and
the court shall 
    grant such relief where appropriate.  The procedure in
such 
    actions shall be the same as that provided by law for like 
    actions for the
violation of ordinances in cities organized 
    under the general laws of this
State, and offenders may be 
    imprisoned for non-payment of fines and costs in
the same 
    manner as in such cities. All fines when collected shall be 
    paid into
the treasury of such district.

        (f) To manage and control all officers and property of 
    such
districts and to provide for joint ownership with one 
    or more cities,
villages or incorporated towns of real and 
    personal property used for
park purposes by one or more 
    park districts. In case of joint ownership,
the terms of 
    the agreement shall be fair, just and equitable to all

    parties and shall be set forth in a written agreement 
    entered into by
the corporate authorities of each 
    participating district, city, village
or incorporated 
    town.

        (g) To secure grants and loans, or either, from the 
    United States
Government, or any agency or agencies 
    thereof, for financing the
acquisition or purchase of any 
    and all real estate, or rights therein,
or for effecting 
    any of the powers or purposes granted under this Code
as 
    its Board may deem proper.

        (h) To establish fees for the use of facilities and 
    recreational programs of
the districts and to derive 
    revenue from non-resident fees from their
operations. Fees 
    charged non-residents of such district need not be the same 
    as
fees charged to residents of the district. Charging fees 
    or deriving revenue
from the facilities and recreational 
    programs shall not affect the right to
assert or utilize 
    any defense or immunity, common law or statutory, available

    to the districts or their employees.

        (i) To make contracts for a term exceeding one year, 
    but not to exceed
3 years, notwithstanding any provision of 
    this Code to the contrary,
relating to:  (1) the employment 
    of a park director, superintendent,
administrator, 
    engineer, health officer, land planner, finance director,

    attorney, police chief, or other officer who requires 
    technical training or
knowledge; (2) the employment of 
    outside professional consultants such as
engineers, 
    doctors, land planners, auditors, attorneys, or other

    professional consultants who require technical training or 
    knowledge; (3)
the provision of data processing equipment 
    and services; and (4) the purchase of energy from a utility 
    or an alternative retail electric supplier.  With respect to

    any contract made under this subsection (i), the corporate 
    authorities
shall include in the annual appropriation 
    ordinance for each fiscal year an
appropriation of a sum of 
    money sufficient to pay the amount which, by the
terms of 
    the contract, is to become due and payable during that 
    fiscal year.

        (j) To enter into licensing or management agreements 
    with not-for-profit
corporations organized under the laws 
    of this State to operate park district
facilities if the 
    corporation covenants to use the facilities to provide 
    public
park or recreational programs for youth.

(Source: P.A. 98-325, eff. 8-12-13; 98-772, eff. 7-16-14; 
99-771, eff. 8-12-16.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.