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Public Act 099-0771
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| HB4536 Enrolled | LRB099 16133 AWJ 40458 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Conservation District Act is amended by |
changing Section 6 as follows:
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(70 ILCS 410/6) (from Ch. 96 1/2, par. 7106)
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Sec. 6. Officers and employees. As soon as possible after |
the initial
election or the initial appointments, as the case |
may be, the trustees shall organize
by selecting from their |
members a president, secretary, treasurer, and
other officers |
as are deemed necessary, who shall hold office for 2 years in
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the case of an elected board, or the
fiscal year in which |
elected in the case of an appointed board, and until their |
successors are selected and
qualify. Three trustees shall |
constitute a quorum of the board for the
transaction of |
business if the district has 5 trustees. If the
district has 7 |
trustees, 4 trustees shall constitute a quorum of the board
for |
the transaction of business. The board shall hold regular |
monthly
meetings. Special meetings may be called by the |
president and shall be called
on the request of a majority of |
members, as may be required.
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The board shall provide for the proper and safe keeping of |
its permanent
records and for the recording of the corporate |
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action of the district. It
shall keep a proper system of |
accounts showing a true and accurate record
of its receipts and |
disbursements, and it shall cause an annual audit to be
made of |
its books, records, and accounts.
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The records of the district shall be subject to public |
inspection at all
reasonable hours and under regulations as the |
board may prescribe.
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The district shall annually make a full and complete report |
to the
county board of each county within the district and to |
the Department of Natural Resources of its transactions and
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operations for the preceding year. The report shall contain a |
full statement
of its receipts, disbursements, and the program |
of work for the period covered,
and may include recommendations |
as may be deemed advisable.
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Executive or ministerial duties may be delegated to one or |
more trustees
or to an authorized officer, employee, agent, |
attorney, or other
representative of the district.
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All officers and employees authorized to receive or retain |
the custody
of money or to sign vouchers, checks, warrants, or |
evidences of indebtedness
binding upon the district shall |
furnish surety bond for the faithful
performance of their |
duties and the faithful accounting for all moneys that
may come |
into their hands in an amount to be fixed and in a form to be
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approved by the board.
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All contracts for supplies, material, or work involving an |
expenditure in
excess of $25,000, or a lower amount if required |
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by board policy, $20,000 shall be let to the lowest responsible |
bidder, after due
advertisement, excepting work requiring |
personal confidence or necessary
supplies under the control of |
monopolies, where competitive bidding is
impossible. All |
contracts for supplies, material, or work shall be signed by
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the president of the board and by any other officer as the |
board in
its discretion may designate.
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(Source: P.A. 94-454, eff. 8-4-05; 95-54, eff. 8-10-07.)
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Section 10. The Downstate Forest Preserve District Act is |
amended by changing Section 8 as follows:
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(70 ILCS 805/8) (from Ch. 96 1/2, par. 6315)
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Sec. 8. Powers and duties of corporate authority and |
officers; contracts; salaries.
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(a) The board shall be the corporate authority of such |
forest
preserve district and shall have power to pass and |
enforce all necessary
ordinances, rules and regulations for the |
management of the property and
conduct of the business of such |
district. The president of such board
shall have power to |
appoint such employees as may be necessary. In counties
with |
population of less than 3,000,000, within 60 days after their |
selection
the commissioners appointed under the provisions of |
Section 3a of this Act
shall organize by selecting from their |
members a president, secretary,
treasurer and such other |
officers as are deemed necessary who shall hold
office for the |
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fiscal year in which elected and until their successors are
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selected and qualify. In the one district in existence on July |
1, 1977, that
is managed by an appointed board of |
commissioners, the incumbent president
and the other officers |
appointed in the manner as originally prescribed in this
Act |
shall hold such offices until the completion of their |
respective terms or
in the case of the officers other than |
president until their successors
are appointed by said |
president, but in all cases not to extend beyond January
1, |
1980 and until their successors are selected and qualify. |
Thereafter,
the officers shall be selected in the manner as |
prescribed in this Section
except that their first term of |
office shall not expire until June 30, 1981
and until their |
successors are selected and qualify.
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(b) In any county, city, village, incorporated town or
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sanitary district where the corporate authorities act as the
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governing body of a forest preserve district, the person |
exercising
the powers of the president of the board shall have |
power to appoint a
secretary and an assistant secretary and |
treasurer and an assistant
treasurer and such other officers |
and such employees as may be necessary.
The assistant secretary |
and assistant treasurer shall perform the duties
of the |
secretary and treasurer, respectively in case of death of such |
officers
or when such officers are unable to perform the duties |
of their respective
offices. All contracts for supplies, |
material or
work involving an expenditure in excess of $25,000, |
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or a lower amount if required by board policy, $20,000 shall be |
let to the lowest
responsible bidder, after advertising at |
least once in one or more
newspapers of general circulation |
within the district, excepting work
requiring personal |
confidence or necessary
supplies under the control of |
monopolies, where competitive bidding is
impossible. Contracts |
for supplies, material or work involving an
expenditure of |
$25,000, or a lower amount if required by board policy, $20,000 |
or less may be let without advertising for bids,
but whenever |
practicable, at least 3 competitive bids shall be obtained
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before letting such contract. All contracts for supplies, |
material or
work shall be signed by the president of the board |
of commissioners or
by any such other officer as the board in |
its discretion may designate.
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(c) The president of any board of commissioners appointed |
under the
provisions of Section 3a of this Act shall receive a |
salary not to
exceed the sum of $2500 per annum and the salary |
of other members of the
board so appointed shall not exceed |
$1500 per annum. Salaries of the
commissioners, officers and |
employees shall be fixed by ordinance.
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(d) Whenever a forest preserve district owns any personal |
property that, in the opinion of three-fifths of the members of |
the board of commissioners, is no longer necessary, useful to, |
or for the best interests of the forest preserve district, then |
three-fifths of the members of the board, at any regular |
meeting or any special meeting called for that purpose by an |
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ordinance or resolution that includes a general description of |
the personal property, may authorize the conveyance or sale of |
that personal property in any manner that they may designate, |
with or without advertising the sale. |
(Source: P.A. 97-851, eff. 7-26-12; 98-463, eff. 8-16-13.)
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Section 15. The Park District Code is amended by changing |
Section 8-1 as follows:
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(70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
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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:
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(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.
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(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, |
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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
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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
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driveways within such district.
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(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
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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.
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(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, $20,000 shall be let to the
lowest responsible |
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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,
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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 the use, purchase,
delivery, movement, or |
installation of data processing equipment, software, or
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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.
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All competitive bids for contracts involving an |
expenditure in excess of $25,000, or a lower amount if required |
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by board policy,
$20,000 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.
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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.
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(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.
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(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 |
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shall grant such relief where appropriate. The procedure in
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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.
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(f) To manage and control all officers and property of such
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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.
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(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.
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(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 |
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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.
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(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
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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
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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.
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(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 |