State of Illinois
91st General Assembly
Legislation

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91_SB1425enr

 
SB1425 Enrolled                                LRB9111447MWpc

 1        AN ACT in relation to special districts.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        (70 ILCS 1105/2 rep.)
 5        Section  2.  The  Museum  District  Act  is  amended   by
 6    repealing Section 2.

 7        Section  3.  The Park District Aquarium and Museum Act is
 8    amended by changing Section 1 as follows:

 9        (70 ILCS 1290/1) (from Ch. 105, par. 326)
10        Sec. 1.  The corporate authorities  of  cities  and  park
11    districts  having  the  control  or supervision of any public
12    park or parks, are hereby authorized to purchase,  erect  and
13    maintain within any public park or parks under the control or
14    supervision  of  such  corporate  authorities, edifices to be
15    used as aquariums or as museums of art, industry, science  or
16    natural  or  other  history,  or  to  permit the directors or
17    trustees of any corporation  or  society  organized  for  the
18    construction  or  maintenance and operation of an aquarium or
19    museum as hereinabove described to erect, enlarge,  ornament,
20    build,  rebuild,  rehabilitate, improve, maintain and operate
21    its aquarium or museum or museums within any public park  now
22    or  hereafter under the control or supervision of any city or
23    park district, and to contract with  any  such  directors  or
24    trustees  of any such aquarium, museum or museums relative to
25    the   erection,   enlargement,    ornamentation,    building,
26    rebuilding,   rehabilitation,  improvement,  maintenance  and
27    operation thereof. Any city or park district may  charge,  or
28    permit  such  an  aquarium  or museum to charge, an admission
29    fee: Provided, that any such aquarium or museum shall be open
30    to the public without charge for at least one day each  week,
 
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 1    and, when accompanied by a teacher, to the children in actual
 2    attendance  upon grades kindergarten through twelve in any of
 3    the schools in this State  at  all  times.  During  a  2-year
 4    period beginning on the effective date of this amendatory Act
 5    of  the  91st  General  Assembly, any such aquarium or museum
 6    must be open to  the  public  without  charge  for  a  period
 7    equivalent to 52 days, at least 6 of which must be during the
 8    period  from  June  through  August, each year, instead of at
 9    least one day  each  week.  Notwithstanding  said  provisions
10    provision,  charges  may  be  made  at  any  time for special
11    services and for admission to special facilities  within  any
12    aquarium  or  museum  for  the  education,  entertainment  or
13    convenience  of visitors. The proceeds of such admission fees
14    and charges for special services and special facilities shall
15    be devoted exclusively to the  purposes  for  which  the  tax
16    authorized  by  Section 2 hereof may be used. If any owner or
17    owners of any lands or lots abutting or fronting on any  such
18    public  park,  or  adjacent  thereto, have any private right,
19    easement,  interest  or  property   in   such   public   park
20    appurtenant  to their lands or lots or otherwise, which would
21    be interfered with by the erection  and  maintenance  of  any
22    aquarium  or museum as hereinbefore provided, or any right to
23    have such public park remain open or  vacant  and  free  from
24    buildings,  the  corporate  authorities  of  the city or park
25    district having control of such park, may condemn the same in
26    the manner prescribed  for  the  exercise  of  the  right  of
27    eminent  domain  under  Article  VII  of  the  Code  of Civil
28    Procedure, as now or hereafter amended.
29    (Source: P.A. 82-783.)

30        Section 5.  The Chicago Park District Act is  amended  by
31    changing Sections 3, 5, 14, and 16a as follows:

32        (70 ILCS 1505/3) (from Ch. 105, par. 333.3)
 
SB1425 Enrolled            -3-                 LRB9111447MWpc
 1        Sec.  3.  Commissioners; corporate body. There shall be 7
 2    commissioners of the Chicago Park District.  Within  30  days
 3    after  the  effective date of this amendatory Act of 1988 the
 4    Mayor of the City of Chicago, with the approval of  the  City
 5    Council,  shall appoint the 2 additional commissioners of the
 6    Chicago Park District authorized by this  amendatory  Act  of
 7    1988, one to serve a term ending June 30, 1992, and the other
 8    to  serve  a  term ending June 30, 1993, as designated by the
 9    Mayor.  The 5 commissioners holding office on  the  effective
10    date  of this amendatory Act of 1988 shall continue in office
11    until his or her term otherwise ends.
12        Annually in the same manner as the original  appointments
13    are  made,  a commissioner shall be appointed to succeed each
14    commissioner whose term then expires to serve for a term of 5
15    years and  until  his  or  her  successor  is  appointed  and
16    qualified.  Vacancies  in the office of commissioner shall be
17    filled by appointment by the mayor with the approval  of  the
18    City Council.
19        Each  commissioner  shall  be a legal voter of and reside
20    within the district and before entering upon  the  duties  of
21    his  or  her  office  shall  take  and  subscribe  an oath to
22    faithfully discharge his or her duties as commissioner.  Each
23    commissioner  shall  be required to post a bond in the sum of
24    $50,000 for the use and benefit of the  district  subject  to
25    the  approval  of  the Circuit Court of Cook County with whom
26    such bond shall be posted.
27        In performing their functions as  commissioners  for  the
28    Chicago  Park  District, the commissioners are subject to the
29    Public Officer Prohibited Activities Act. It shall be a petty
30    offense for any commissioner to  be  directly  or  indirectly
31    pecuniarily  interested  in  any contract or work of any kind
32    whatever connected with said park district, and any  contract
33    in  which  any  commissioners shall be directly or indirectly
34    interested shall be null and void.
 
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 1        From the time of the beginning of the term of  the  first
 2    commissioners,  the  Chicago Park District shall constitute a
 3    body politic and corporate and by such name and style may sue
 4    and be sued, contract and be  contracted  with,  acquire  and
 5    hold  real  property  necessary  for  corporate purposes, and
 6    adopt a common seal and alter the same at pleasure.
 7    (Source: P.A. 85-1411.)

 8        (70 ILCS 1505/5) (from Ch. 105, par. 333.5)
 9        Sec.  5.  General  superintendent;  Director   of   Human
10    Resources.  The  commissioners  of  the Chicago Park District
11    shall appoint a general superintendent.  Such  superintendent
12    shall  be  chosen  without  regard  to  his  or her political
13    affiliations  and  upon  the  sole  basis  of  his   or   her
14    administrative  and  technical  qualifications  to manage the
15    affairs of the district.  He or she shall be a citizen of the
16    United States and a resident of the district.
17        Notwithstanding anything to the contrary in Section 2  of
18    the  Park  System  Civil  Service Act "An Act relating to the
19    civil service in park systems", approved June  10,  1911,  as
20    now or hereafter amended, or any other law, the commissioners
21    shall appoint a Director of Human Resources superintendent of
22    employment.    The Director of Human Resources superintendent
23    of employment shall be a citizen of the United States  and  a
24    resident of the district.
25    (Source: P.A. 85-1411.)

26        (70 ILCS 1505/14) (from Ch. 105, par. 333.14)
27        Sec.  14.  Civil  service.  The Park System Civil Service
28    Act "An Act relating to the civil service in  park  systems",
29    approved  June  10,  1911,  as  amended,  shall  apply to the
30    Chicago Park District, and upon the  coming  into  effect  of
31    this  act  there shall be appointed but one Director of Human
32    Resources superintendent of  employment  and  but  one  civil
 
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 1    service board for such district.
 2        Every officer and employe in the classified civil service
 3    at  the  time  this  Act  takes effect shall be assigned to a
 4    position having, so far as possible, duties equivalent to his
 5    former office or employment, and such officers  and  employes
 6    shall have the same standing, grade, and privilege which they
 7    respectively  had  in  the  districts  from  which  they were
 8    transferred, subject, however, to existing and  future  civil
 9    service  laws. This Section shall not be construed to require
10    the  retention  of  more  officers  and  employes  than   are
11    necessary  to  the proper performance of the functions of the
12    Chicago Park District and the  rules  of  the  civil  service
13    board  made  in  pursuance  of  the  civil  service law shall
14    control in the making of layoffs and reinstatements  of  such
15    officers  and  employes  as are not necessary to be retained.
16    This act shall in no way be construed to affect the operation
17    of Article 5 or Article 12 of the "Illinois Pension Code"  as
18    the  same may from time to time be amended, nor to affect the
19    rights of employees to pensions or annuities  nor  any  taxes
20    authorized to be levied therefor. In the case of employes and
21    policemen  of  superseded  park  districts not having annuity
22    benefit funds  retained  as  employes  or  policemen  of  the
23    Chicago  Park District such employes and policemen shall have
24    the right to enter as new employes and policemen.
25    (Source: Laws 1963, p. 147.)

26        (70 ILCS 1505/16a) (from Ch. 105, par. 333.16a)
27        Sec. 16a.  Personnel code.
28        (a)  Notwithstanding the provisions of  the  Park  System
29    Civil  Service  Act   or the provisions of any other law, the
30    board of commissioners by ordinance may establish a personnel
31    code for the Chicago  Park  District  creating  a  system  of
32    personnel   administration  based  on  merit  principles  and
33    scientific methods.
 
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 1        (b)  The passage by  the  board  of  commissioners  of  a
 2    personnel  code  that  complies  with  the provisions of this
 3    Section shall suspend the applicability to the  Chicago  Park
 4    District of the Park System Civil Service Act. That Act shall
 5    again   become   applicable  to  the  Chicago  Park  District
 6    immediately upon the repeal by the board of commissioners  of
 7    the  personnel  code or of any provision of that Code that is
 8    required by this Section.
 9        (c)  Any  personnel  code  passed   by   the   board   of
10    commissioners  under  the  authority  of  this  Section shall
11    contain provisions necessary to  create  a  personnel  system
12    based on merit principles and scientific methods and shall at
13    a minimum contain the following provisions:
14             (1)  The code shall create the office of Director of
15        Human   Resources   Superintendent  of  Employment.   The
16        Director of Human Resources Superintendent of  Employment
17        shall  be  a  resident  of  the  district  and  shall  be
18        appointed by the board of commissioners.
19             (2)  The  code  shall  provide for a personnel board
20        consisting  of  3  members.    Two   members   shall   be
21        commissioners  and  the  third  shall  be the Director of
22        Human  Resources  Superintendent  of  Employment  or  the
23        person  lawfully  acting  in  that  capacity.  Terms  for
24        members shall be prescribed by the personnel  code.   The
25        commissioner  members  of the personnel board shall serve
26        without  compensation  but  shall   be   reimbursed   for
27        necessary travel and other expenses.  The personnel board
28        may  administer oaths, subpoena witnesses, and compel the
29        production of books and papers pertinent to  any  hearing
30        authorized  by  this  Section.   Any  circuit court, upon
31        application by the personnel board or any member  of  the
32        board,  may,  in its discretion, compel the attendance of
33        witnesses, the production of books and  papers,  and  the
34        giving  of  testimony  before  the  board  or its hearing
 
SB1425 Enrolled            -7-                 LRB9111447MWpc
 1        officer in relation to a hearing.  Any person  who  shall
 2        refuse  to  comply with a lawfully served order to appear
 3        or testify before the  personnel  board  or  its  hearing
 4        officer,  or  to produce books and papers relevant to the
 5        hearing as commanded in a lawfully served subpoena, shall
 6        be guilty of a Class  B  misdemeanor.   Any  person  who,
 7        having taken an oath or made affirmation before the board
 8        or  its  hearing  officer,  knowingly  swears  or affirms
 9        falsely is guilty of perjury and upon conviction shall be
10        punished accordingly.
11             (3)  The  code  shall  subject  all   positions   of
12        employment  in  the  Park District to the jurisdiction of
13        the personnel board, with the  exception  of  offices  or
14        high-ranking  senior  executive  positions,  confidential
15        positions,  or  special  program positions that cannot be
16        subject to career service due  to  program  requirements.
17        The   board   of   commissioners  shall,  by  resolution,
18        specifically exempt those offices or positions  from  the
19        jurisdiction of the personnel board.
20             (4)  The  substantive  provisions  of the code shall
21        provide, at a minimum, for the following:
22                  (A)  With  the  exceptions  listed  below,  all
23             vacancies in positions of employment subject to  the
24             jurisdiction  of the personnel board shall be filled
25             only after providing reasonable public notice of the
26             vacancy and inviting those who  meet  the  published
27             minimum  requirements  for  the  position as further
28             provided in  this  Section  to  apply  for  it.  The
29             district  shall  specify  in the announcement of the
30             vacancy the minimum  requirements  necessary  to  be
31             considered  for  the  position,  as contained in the
32             official position description for the position.  The
33             district shall specify in the  announcement  of  the
34             vacancy  whether competition for the vacancy is open
 
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 1             to non-employees of the district, or to employees of
 2             the district, or to both. The district may  dispense
 3             with  this requirement of public announcement when a
 4             vacancy, for reasons promoting the efficiency of the
 5             district service,  is  to  be  filled  by  demotion,
 6             recall  from  layoff or leave of absence, or lateral
 7             transfer of an employee;  or  as  the  result  of  a
 8             lawful    order   of   a   court,   arbitrator,   or
 9             administrative agency; or as the result  of  a  bona
10             fide  settlement  of a legal claim; or in accordance
11             with  the  provisions  of  this  Section   governing
12             emergency   appointments;   or  as  a  result  of  a
13             reclassification of an employee's job title made  in
14             accordance with rules prescribed by the district for
15             correcting misclassifications; or as the result of a
16             need  to  correct  or avoid violations of any ethics
17             ordinance of the district.
18                  (B)  All  vacancies  that  have  been  publicly
19             announced  in  accordance  with  the  provisions  of
20             subparagraph  (A)  of  this  paragraph   (4)   shall
21             thereafter  be filled by a competitive evaluation of
22             the relative qualifications of those who  apply  for
23             it.  Any  method  of  evaluation shall be reasonably
24             designed  to  select  candidates  on  the  basis  of
25             job-related  criteria.  The  personnel  board  shall
26             prescribe by rule the various methods of  evaluation
27             that  may  be  used.  The public announcement of the
28             vacancy shall specify the method that will  be  used
29             for  the  particular  vacancy. The Director of Human
30             Resources   Superintendent   of   Employment   shall
31             document the process of conducting each  competitive
32             evaluation  for  each  vacancy  in sufficient detail
33             that the personnel board may determine  the  process
34             by  which,  and  the  basis  on  which,  the  person
 
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 1             selected to fill the vacancy was selected.
 2                  (C)  The  district, where it determines that it
 3             is in the interest of the efficiency of the service,
 4             may specify reasonable lines of promotion or "career
 5             ladder" progressions grouping related positions. The
 6             district   may,   in   its   discretion,    restrict
 7             competition for a particular vacancy (i) to existing
 8             employees  who  seek  promotion to that vacancy from
 9             the position class at the next  lower  step  in  the
10             relevant   line   of   promotion  or  career  ladder
11             progression or (ii) if there is no such lower  step,
12             to  existing  employees  seeking  promotion  from  a
13             particular  job  classification  or  classifications
14             whose duties are reasonably related to the duties of
15             the   vacancy   being   filled.  No  restriction  of
16             competition for a vacancy to be filled by  promotion
17             shall  be  applied  unless  the line of promotion or
18             similar restriction has first been approved  by  the
19             personnel board.
20                  (D)  Persons   appointed   to   a  position  of
21             permanent employment shall acquire "career  service"
22             status  following successful completion of a 6-month
23             period of probation.
24                  (E)  The  district  may  prescribe   reasonable
25             rules  that extend appropriate preference in filling
26             vacancies to qualified persons who have been members
27             of the armed forces of the United States in time  of
28             hostilities  with  a foreign country or to qualified
29             persons who, while citizens of  the  United  States,
30             were  members  of  the armed forces of allies of the
31             United States in time of hostilities with a  foreign
32             country.  A  "time  of  hostilities  with  a foreign
33             country" means the period of time from  December  7,
34             1941,  to December 31, 1945, and from June 27, 1950,
 
SB1425 Enrolled            -10-                LRB9111447MWpc
 1             to December 31, 1976 and  during  any  other  period
 2             prescribed  by  the  Board  of Commissioners to take
 3             account of periods in which the  armed  forces  were
 4             subjected to the risks of hostilities with a foreign
 5             country.  To  qualify  for this preference, a person
 6             must have served in the armed forces for at least  6
 7             months,  been  discharged on the ground of hardship,
 8             or been released  from  active  duty  because  of  a
 9             service-connected  disability;  the  person must not
10             have received a dishonorable discharge.
11                  (F)  The   district    may    make    emergency
12             appointments    without   public   announcement   or
13             competition where immediate appointment is  required
14             for  reasons of the security or safety of the public
15             or   of   the   district's    property.    Emergency
16             appointments  shall  be  immediately reported to the
17             personnel board, which may disapprove them and order
18             them ended. No emergency appointment may  last  more
19             than  30 days, and no emergency appointment shall be
20             renewed.
21                  (G)  The   district    may    make    temporary
22             appointments  to positions in which it is determined
23             by the personnel board that the continuous  services
24             of  the  employee  will  be  needed for less than 12
25             months.  Appointments  shall  be  made   by   public
26             announcement  and competitive methods as provided in
27             subparagraph (A) of  this  paragraph  (4),  but  the
28             employee  thus  appointed  shall  not acquire career
29             service status during  the  period  of  his  or  her
30             temporary appointment.
31                  (H)  The   district   may   transfer  employees
32             without competitive procedures from a position to  a
33             similar  position  involving similar qualifications,
34             duties, responsibilities, and salary ranges.
 
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 1                  (I)  The district may make layoffs by reason of
 2             lack of funds or work, abolition of a  position,  or
 3             material  change  in  duties  or  organization.  The
 4             personnel  code  may  provide  for  reemployment  of
 5             employees so laid off, giving consideration in  both
 6             layoffs  and  reemployment  to  performance  record,
 7             seniority  in service, and impact on achieving equal
 8             employment opportunity goals.
 9                  (J)  Any employee with  career  service  status
10             shall  be  discharged  or  suspended without pay for
11             more than 30 days  only  for  cause  and  only  upon
12             written charges for the discharge or suspension. The
13             employee  shall  have  an  opportunity to appeal the
14             action to the  personnel  board  and  to  receive  a
15             hearing  before  the  personnel  board  or a hearing
16             officer appointed by it. The district  may  suspend,
17             without  pay, the charged employee pending a hearing
18             and determination of  an  appeal  by  the  personnel
19             board.   All  final  administrative decisions by the
20             personnel board discharging or suspending, for  more
21             than 30 days, an employee with career service status
22             are   subject   to   judicial   review   under   the
23             Administrative Review Law.
24                  (K)  The  district shall extend, to persons who
25             are working in a position  in  which  they  lawfully
26             acquired  civil  service  status  by virtue of being
27             examined under the Park System  Civil  Service  Act,
28             career  service  status  in  that  position  without
29             further examination.
30                  (L)  In  filling  any  position  subject to the
31             jurisdiction of the personnel board and not exempted
32             under paragraph (3) of subsection (c), the  district
33             shall   take   no   account,  whether  favorably  or
34             unfavorably,   of    any    candidate's    political
 
SB1425 Enrolled            -12-                LRB9111447MWpc
 1             affiliation,  political  preferences  or  views,  or
 2             service  to any political party or organization. The
 3             district shall  maintain  procedures  through  which
 4             employees   may   complain  of  violations  of  this
 5             prohibition  and  through  which   any   established
 6             violation may be corrected.
 7                  (M)  The district shall provide, by rule of the
 8             personnel board, by collective bargaining agreements
 9             with    the    appropriate   collective   bargaining
10             representatives, or both, for continued  recognition
11             of  any  right  acquired  on or before the effective
12             date of this amendatory Act of 1991 by  an  employee
13             of the district to be employed or reemployed, as the
14             result  of  a  layoff  or a recall, in a position in
15             which the employee  previously  held  civil  service
16             status.  Those  previously  acquired  rights  may be
17             modified by mutual agreement  between  the  district
18             and    the    appropriate    collective   bargaining
19             representative.
20                  (N)  The code shall  provide  that  in  filling
21             vacancies,  the  district will follow the provisions
22             of any lawful affirmative action  plan  approved  by
23             the board of commissioners.
24                  (O)  The   code   shall   set   forth  specific
25             standards of employee performance that all  district
26             employees shall be required to follow.
27             (5)  The  code  shall  provide  for the preparation,
28        maintenance, and revision by the  personnel  board  of  a
29        position   classification   plan  for  all  positions  of
30        employment within the district, based  on  similarity  of
31        duties    performed,   responsibilities   assigned,   and
32        conditions of employment, so that the  same  schedule  of
33        pay may be equitably applied to all positions in the same
34        class.   Every  class  of positions shall have a position
 
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 1        description approved by the personnel  board,  specifying
 2        the  duties expected of the occupant of the position, the
 3        minimum   requirements   of   education,   training,   or
 4        experience required  for  the  position,  and  any  other
 5        information the personnel board by rule may prescribe for
 6        inclusion  in  the  position  descriptions.   No position
 7        shall be filled, and no salary or other remuneration paid
 8        to an occupant of a position, until the position has been
 9        incorporated by the personnel  board  into  the  position
10        classification plan.
11             (6)  The  code  shall  provide  for the preparation,
12        maintenance, and revision of a pay plan.   The  pay  plan
13        shall  be  approved,  and  all  revisions  to it shall be
14        approved, by the board of commissioners.   The  pay  plan
15        shall  assign  rates  of  pay to each position within the
16        approved position classification plan  of  the  district.
17        No  salary for any position of employment in the district
18        shall be paid unless and until  that  position  has  been
19        lawfully  included  in  the  pay  plan.   Nothing in this
20        Section shall relieve the district from the obligation to
21        bargain over rates of pay under the Illinois Public Labor
22        Relations Act or any other  statute  that  regulates  the
23        labor relations of the district.
24             (7)  The  code  shall  provide that no disbursing or
25        auditing officer of the district shall  make  or  approve
26        any  payment for personal service to any person holding a
27        position in  the  service  of  the  district  unless  the
28        payroll  voucher  or  account  of  the  payment bears the
29        certification  of  the  Director   of   Human   Resources
30        Superintendent  of  Employment  that  each  person  named
31        therein  has  been  appointed  and employed in accordance
32        with  the  provisions  of  the  personnel  code  and  the
33        provisions of this Section.  The certification  shall  be
34        based either upon verification of the individual items in
 
SB1425 Enrolled            -14-                LRB9111447MWpc
 1        each  payroll  period  or  upon  procedures developed for
 2        avoiding unnecessary repetitive verification  when  other
 3        evidence  of compliance with applicable laws and rules is
 4        available. The procedures may  be  based  either  upon  a
 5        continuation   of   payroll   preparation  by  individual
 6        departments  or  upon  the  use  of  a  central   payroll
 7        preparation   unit.   The  Director  of  Human  Resources
 8        Superintendent of Employment shall furnish the  personnel
 9        board with a copy of each payroll as certified.
10    (Source: P.A. 87-354; 87-895.)

11        Section   10.  The  Park  District  Code  is  amended  by
12    changing Sections 10-7, 10-7a, 10-7b, and 10-7c as follows:

13        (70 ILCS 1205/10-7) (from Ch. 105, par. 10-7)
14        Sec. 10-7.  Sale, lease, or exchange of realty.
15        (a)  Any park district owning and holding any real estate
16    is authorized to sell or lease such property to another  unit
17    of  Illinois  State or local government, or to lease upon the
18    terms and at the price that the board determines for a period
19    not to exceed 99 years to any corporation organized under the
20    laws of this State,  in  either  case  for  public  use,  and
21    provided  that  the  grantee  or lessee covenants to hold and
22    maintain  such  property  for  public  park  or  recreational
23    purposes or such park district obtains other real property of
24    substantially the same size or larger  and  of  substantially
25    the  same  or  greater  suitability for park purposes without
26    additional cost to such district.
27        (b)  Any park district owning or holding any real  estate
28    is  authorized  to  convey such property to a nongovernmental
29    entity in exchange for other real property  of  substantially
30    equal  or  greater value as determined by 2 appraisals of the
31    property and of substantially the same or greater suitability
32    for park purposes without additional cost to such district.
 
SB1425 Enrolled            -15-                LRB9111447MWpc
 1        Prior to such exchange with a nongovernmental entity  the
 2    park  board  shall hold a public meeting in order to consider
 3    the proposed conveyance.  Notice of  such  meeting  shall  be
 4    published  not  less  than  three  times  (the first and last
 5    publication being not less than 10 days apart) in a newspaper
 6    of general circulation within the park district.  If there is
 7    no such newspaper,  then such notice shall be posted  in  not
 8    less  than  3  public  places  in said park district and such
 9    notice shall not become effective until 10  days  after  said
10    publication or posting.
11        (c)  Notwithstanding  any  other  provision  of this Act,
12    this subsection (c) shall apply only to park  districts  that
13    serve territory within a municipality having more than 40,000
14    inhabitants  and  within  a  county  having more than 260,000
15    inhabitants and bordering the Mississippi  River.   Any  park
16    district  owning or holding real estate is authorized to sell
17    that property to  any  not-for-profit  corporation  organized
18    under  the  laws  of  this  State upon the condition that the
19    corporation uses the property for public park or recreational
20    programs for youth.  The park district shall have  the  right
21    of  re-entry  for  breach  of  condition  subsequent.  If the
22    corporation stops using the property for these purposes,  the
23    property shall revert back to ownership of the park district.
24    Any temporary suspension of use caused by the construction of
25    improvements  on the property for public park or recreational
26    programs for youth is not a breach of condition subsequent.
27        Prior to the sale of the  property  to  a  not-for-profit
28    corporation,  the  park  board shall hold a public meeting to
29    consider the proposed sale.  Notice of the meeting  shall  be
30    published   not  less  than  3  times  (the  first  and  last
31    publication being not less than 10 days apart) in a newspaper
32    of general circulation within the park district.  If there is
33    no such newspaper, then the notice shall  be  posted  in  not
34    less  than  3 public places in the park district.  The notice
 
SB1425 Enrolled            -16-                LRB9111447MWpc
 1    shall be published or posted at  least  10  days  before  the
 2    meeting.  A resolution to approve the sale of the property to
 3    a  not-for-profit corporation requires adoption by a majority
 4    of the park board.
 5        (d)  Real estate, not subject to such covenant  or  which
 6    has  not  been  conveyed  and  replaced  as  provided in this
 7    Section, may be conveyed in the manner provided  by  Sections
 8    10-7a to 10-7d hereof, inclusive.
 9        (e)  In  addition  to  any  other  power provided in this
10    Section, any park district owning or holding real estate that
11    the board deems is not  required  for  park  or  recreational
12    purposes  may  lease  such  real  estate to any individual or
13    entity and may collect rents therefrom.  Such lease shall not
14    exceed 2 and one-half times the term of years provided for in
15    Section 8-15 governing installment purchase contracts.
16        (f)  Notwithstanding any other provision of law,  if  (i)
17    the  real  estate  that  a park district with a population of
18    3,000  or  less  transfers  by  lease,  license,  development
19    agreement, or other means to any private  entity  is  greater
20    than  70%  of  the  district's  total  property  and (ii) the
21    current use of the real estate will be substantially  altered
22    by  that private entity, the real estate may be conveyed only
23    in the manner provided for  in  Sections  10-7a,  10-7b,  and
24    10-7c.
25    (Source: P.A. 90-14, eff. 7-1-97; 91-423, eff. 8-6-99.)

26        (70 ILCS 1205/10-7a) (from Ch. 105, par. 10-7a)
27        Sec.  10-7a.  When  any park district owns and holds such
28    real estate, and desires to sell the same under provisions of
29    Section 10-7 hereof or to transfer  real  estate  subject  to
30    subsection   (f)   of  Section  10-7,  the  board  shall,  by
31    four-fifths vote, adopt a resolution describing such property
32    and in and by said resolution  find  and  declare  that  said
33    property  is no longer needed or useful for park purposes and
 
SB1425 Enrolled            -17-                LRB9111447MWpc
 1    that it intends to sell or  transfer  the  same.  After  said
 2    resolution  has  been adopted the same shall be published not
 3    less than 3 three times (the first and last publication being
 4    not less than 10 days apart) in a newspaper published and  of
 5    general  circulation  within  the  park district, if there be
 6    such a paper. If there be no such newspaper, then publication
 7    shall be in some newspaper of  general  circulation  in  such
 8    district,  if  any, or if none, then such resolution shall be
 9    posted in not less than 3 three public places  in  said  park
10    district and said resolution shall not become effective until
11    10 ten days after said publication or posting.
12    (Source: P.A. 77-554.)

13        (70 ILCS 1205/10-7b) (from Ch. 105, par. 10-7b)
14        Sec.  10-7b.  Such property, subject to the provisions of
15    Section 10-7a, shall not be sold or  transferred  unless  the
16    sale  or  transfer  thereof  is approved by a majority of the
17    voters of said park district voting  on  the  question  at  a
18    regular election.
19    (Source: P.A. 81-1489.)

20        (70 ILCS 1205/10-7c) (from Ch. 105, par. 10-7c)
21        Sec.  10-7c.   Upon  the  completion  of  the publication
22    required by Section 10-7a the board shall either abandon said
23    sale or transfer  or  certify  the  question  to  the  proper
24    election  officials, who shall submit the question of selling
25    or transferring said property to  the  voters  of  said  park
26    district  at  a regular election in accordance to the general
27    election law. The proposition shall be in  substantially  the
28    following form:
29    -------------------------------------------------------------
30        Shall the.... park district
31    (sell or transfer) sell the                      YES
32    following real estate.... (here describe  -------------------
 
SB1425 Enrolled            -18-                LRB9111447MWpc
 1    land proposed to be sold or transferred)?           NO
 2    -------------------------------------------------------------
 3    Notice  of such referendum shall be given and said referendum
 4    shall be conducted in the  manner  provided  by  the  general
 5    election  law, but such notice shall describe the property to
 6    be sold.
 7        If a majority of the electors voting on the question vote
 8    in the affirmative, the park district may thereafter sell  or
 9    transfer the real estate.
10    (Source: P.A. 81-1489.)

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

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