Full Text of HB2232 98th General Assembly
HB2232ham001 98TH GENERAL ASSEMBLY | Rep. Michael W. Tryon Filed: 2/28/2013
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| 1 | | AMENDMENT TO HOUSE BILL 2232
| 2 | | AMENDMENT NO. ______. Amend House Bill 2232 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Park District Code is amended by changing | 5 | | Section 8-1 as follows:
| 6 | | (70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
| 7 | | Sec. 8-1. General corporate powers.
Every park district | 8 | | shall, from the time of its
organization, be a body corporate | 9 | | and politic by such name as set forth
in the petition for its | 10 | | organization or such name as it may adopt under
Section 8-8 | 11 | | hereof and shall have and exercise the following powers:
| 12 | | (a) To adopt a corporate seal and alter the same at | 13 | | pleasure; to sue
and be sued; and to contract in furtherance of | 14 | | any of its corporate purposes.
| 15 | | (b) (1) To acquire by gift, legacy, grant or purchase, or | 16 | | by
condemnation in the manner provided for the exercise of the |
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| 1 | | power of eminent
domain under the Eminent Domain Act, any and | 2 | | all real estate, or
rights therein necessary for building, | 3 | | laying out, extending, adorning
and maintaining any such parks, | 4 | | boulevards and driveways, or for
effecting any of the powers or | 5 | | purposes granted under this Code as its
board may deem proper, | 6 | | whether such lands be located within or without such
district; | 7 | | but no park district, except as provided in paragraph (2) of | 8 | | this
subsection, shall have any power of condemnation in the | 9 | | manner provided for the
exercise of the power of eminent domain | 10 | | under the Eminent Domain Act or otherwise as to any real
| 11 | | estate, lands, riparian rights or estate, or other property | 12 | | situated outside of
such district, but shall only have power to | 13 | | acquire the same by gift, legacy,
grant or purchase, and such | 14 | | district shall have the same control of and power
over lands so | 15 | | acquired without the district as over parks, boulevards and
| 16 | | driveways within such district.
| 17 | | (2) In addition to the powers granted in paragraph (1) of | 18 | | subsection (b),
a park district located in more than one | 19 | | county, the majority of its territory
located in a county over | 20 | | 450,000 in population and none of its territory
located in a | 21 | | county over 1,000,000 in population, shall have condemnation
| 22 | | power in the manner provided for the exercise of the power of | 23 | | eminent domain
under the Eminent Domain Act
or as otherwise | 24 | | granted by law
as to any and all real estate situated up to one | 25 | | mile outside of such district
which is not within the | 26 | | boundaries of another park district.
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| 1 | | (c) To acquire by gift, legacy or purchase any personal | 2 | | property necessary
for its corporate purposes provided that all | 3 | | contracts for supplies, materials
or work involving an | 4 | | expenditure in excess of $20,000 shall be let to the
lowest | 5 | | responsible bidder after due advertisement. No district shall | 6 | | be required to accept a bid that does not meet the district's | 7 | | established specifications, terms of
delivery, quality, and | 8 | | serviceability requirements. Contracts which, by their nature, | 9 | | are not adapted to award by competitive
bidding, such as | 10 | | contracts for the services of individuals
possessing a high | 11 | | degree of professional skill where the ability or
fitness of | 12 | | the individual plays an important part, contracts for the
| 13 | | printing of finance committee reports and departmental | 14 | | reports,
contracts for the printing or engraving of bonds, tax | 15 | | warrants and other
evidences of indebtedness, contracts for | 16 | | utility services such as water,
light, heat, telephone or | 17 | | telegraph, contracts for the use, purchase,
delivery, | 18 | | movement, or installation of data processing equipment, | 19 | | software, or
services and telecommunications and interconnect | 20 | | equipment, software, or
services, contracts for duplicating | 21 | | machines and supplies, contracts for goods
or services procured | 22 | | from another governmental agency, purchases of equipment
| 23 | | previously owned by some entity other than the district itself, | 24 | | and
contracts for the purchase of magazines, books, | 25 | | periodicals, pamphlets and
reports are not subject to | 26 | | competitive bidding. Contracts for emergency expenditures are |
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| 1 | | also exempt from competitive bidding when the
emergency | 2 | | expenditure is approved by 3/4 of the members of the board.
| 3 | | All competitive bids for contracts involving an | 4 | | expenditure in excess of
$20,000 must be sealed by the bidder | 5 | | and must be opened by a member or employee
of the park board at | 6 | | a public bid opening at which the contents of the bids
must be | 7 | | announced. Each bidder must receive at least 3 days notice of | 8 | | the
time and place of the bid opening.
| 9 | | For purposes of this subsection, "due advertisement" | 10 | | includes, but is not
limited to, at least one public notice at | 11 | | least 10 days before the bid date in
a newspaper published in | 12 | | the district or, if no newspaper is published in the
district, | 13 | | in a newspaper of general circulation in the area of the | 14 | | district.
| 15 | | (d) To pass all necessary ordinances, rules and regulations | 16 | | for the
proper management and conduct of the business of the | 17 | | board and district
and to establish by ordinance all needful | 18 | | rules and regulations for the
government and protection of | 19 | | parks, boulevards and driveways and other
property under its | 20 | | jurisdiction, and to effect the objects for which
such | 21 | | districts are formed.
| 22 | | (e) To prescribe such fines and penalties for the violation | 23 | | of
ordinances as it shall deem proper not exceeding $1,000 for | 24 | | any
one
offense, which fines and penalties may be recovered by | 25 | | an action in the name
of such district in the circuit court for | 26 | | the county in which such
violation occurred. The park district |
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| 1 | | may also seek in the action, in
addition to or instead of fines | 2 | | and penalties, an order that the offender
be required to make | 3 | | restitution for damage resulting from violations, and
the court | 4 | | shall grant such relief where appropriate. The procedure in
| 5 | | such actions shall be the same as that provided by law for like | 6 | | actions for the
violation of ordinances in cities organized | 7 | | under the general laws of this
State, and offenders may be | 8 | | imprisoned for non-payment of fines and costs in
the same | 9 | | manner as in such cities. All fines when collected shall be | 10 | | paid into
the treasury of such district.
| 11 | | (f) To manage and control all officers and property of such
| 12 | | districts and to provide for joint ownership with one or more | 13 | | cities,
villages or incorporated towns of real and personal | 14 | | property used for
park purposes by one or more park districts. | 15 | | In case of joint ownership,
the terms of the agreement shall be | 16 | | fair, just and equitable to all
parties and shall be set forth | 17 | | in a written agreement entered into by
the corporate | 18 | | authorities of each participating district, city, village
or | 19 | | incorporated town.
| 20 | | (g) To secure grants and loans, or either, from the United | 21 | | States
Government, or any agency or agencies thereof, for | 22 | | financing the
acquisition or purchase of any and all real | 23 | | estate, or rights therein,
or for effecting any of the powers | 24 | | or purposes granted under this Code
as its Board may deem | 25 | | proper.
| 26 | | (h) To establish fees for the use of facilities and |
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| 1 | | recreational programs of
the districts and to derive revenue | 2 | | from non-resident fees from their
operations. Fees charged | 3 | | non-residents of such district need not be the same as
fees | 4 | | charged to residents of the district. Charging fees or deriving | 5 | | revenue
from the facilities and recreational programs shall not | 6 | | affect the right to
assert or utilize any defense or immunity, | 7 | | common law or statutory, available
to the districts or their | 8 | | employees.
| 9 | | (i) To make contracts for a term exceeding one year, but | 10 | | not to exceed
3 years, notwithstanding any provision of this | 11 | | Code to the contrary,
relating to: (1) the employment of a park | 12 | | director, superintendent,
administrator, engineer, health | 13 | | officer, land planner, finance director,
attorney, police | 14 | | chief, or other officer who requires technical training or
| 15 | | knowledge; (2) the employment of outside professional | 16 | | consultants such as
engineers, doctors, land planners, | 17 | | auditors, attorneys, or other
professional consultants who | 18 | | require technical training or knowledge; and (3)
the provision | 19 | | of data processing equipment and services ; and (4) the purchase | 20 | | of energy from a utility or an alternative retail electric | 21 | | supplier . With respect to
any contract made under this | 22 | | subsection (i), the corporate authorities
shall include in the | 23 | | annual appropriation ordinance for each fiscal year an
| 24 | | appropriation of a sum of money sufficient to pay the amount | 25 | | which, by the
terms of the contract, is to become due and | 26 | | payable during that fiscal year.
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| 1 | | (j) To enter into licensing or management agreements with | 2 | | not-for-profit
corporations organized under the laws of this | 3 | | State to operate park district
facilities if the corporation | 4 | | covenants to use the facilities to provide public
park or | 5 | | recreational programs for youth.
| 6 | | (Source: P.A. 94-1055, eff. 1-1-07; 95-67, eff. 1-1-08.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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