State of Illinois
2017 and 2018


Introduced , by Rep. Natalie A. Manley


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

    Amends the Park District Code. Provides that park districts shall have the power to enter into licensing or management agreements to operate park district facilities (currently, enter into licensing or management agreements with not-for-profit corporations) if the agreement contains a covenant to use the facilities to provide public park or recreational programs (currently, if the not-for-profit corporation covenants to use the facilities to provide public park or recreational programs for youth). Effective immediately.

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1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Park District Code is amended by changing
5Section 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
8shall, from the time of its organization, be a body corporate
9and politic by the name set forth in the petition for its
10organization, the specific name set forth in this Code, or the
11name it may adopt under Section 8-9 and shall have and exercise
12the following powers:
13        (a) To adopt a corporate seal and alter the same at
14    pleasure; to sue and be sued; and to contract in
15    furtherance of any of its corporate purposes.
16        (b)(1) To acquire by gift, legacy, grant or purchase,
17    or by condemnation in the manner provided for the exercise
18    of the power of eminent domain under the Eminent Domain
19    Act, any and all real estate, or rights therein necessary
20    for building, laying out, extending, adorning and
21    maintaining any such parks, boulevards and driveways, or
22    for effecting any of the powers or purposes granted under
23    this Code as its board may deem proper, whether such lands



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1    be located within or without such district; but no park
2    district, except as provided in paragraph (2) of this
3    subsection, shall have any power of condemnation in the
4    manner provided for the exercise of the power of eminent
5    domain under the Eminent Domain Act or otherwise as to any
6    real estate, lands, riparian rights or estate, or other
7    property situated outside of such district, but shall only
8    have power to acquire the same by gift, legacy, grant or
9    purchase, and such district shall have the same control of
10    and power over lands so acquired without the district as
11    over parks, boulevards and driveways within such district.
12        (2) In addition to the powers granted in paragraph (1)
13    of subsection (b), a park district located in more than one
14    county, the majority of its territory located in a county
15    over 450,000 in population and none of its territory
16    located in a county over 1,000,000 in population, shall
17    have condemnation power in the manner provided for the
18    exercise of the power of eminent domain under the Eminent
19    Domain Act or as otherwise granted by law as to any and all
20    real estate situated up to one mile outside of such
21    district which is not within the boundaries of another park
22    district.
23        (c) To acquire by gift, legacy or purchase any personal
24    property necessary for its corporate purposes provided
25    that all contracts for supplies, materials or work
26    involving an expenditure in excess of $25,000, or a lower



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1    amount if required by board policy, shall be let to the
2    lowest responsible bidder after due advertisement. No
3    district shall be required to accept a bid that does not
4    meet the district's established specifications, terms of
5    delivery, quality, and serviceability requirements.
6    Contracts which, by their nature, are not adapted to award
7    by competitive bidding, such as contracts for the services
8    of individuals possessing a high degree of professional
9    skill where the ability or fitness of the individual plays
10    an important part, contracts for the printing of finance
11    committee reports and departmental reports, contracts for
12    the printing or engraving of bonds, tax warrants and other
13    evidences of indebtedness, contracts for utility services
14    such as water, light, heat, telephone or telegraph,
15    contracts for the use, purchase, delivery, movement, or
16    installation of data processing equipment, software, or
17    services and telecommunications and interconnect
18    equipment, software, or services, contracts for
19    duplicating machines and supplies, contracts for goods or
20    services procured from another governmental agency,
21    purchases of equipment previously owned by some entity
22    other than the district itself, and contracts for the
23    purchase of magazines, books, periodicals, pamphlets and
24    reports are not subject to competitive bidding. Contracts
25    for emergency expenditures are also exempt from
26    competitive bidding when the emergency expenditure is



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1    approved by 3/4 of the members of the board.
2        All competitive bids for contracts involving an
3    expenditure in excess of $25,000, or a lower amount if
4    required by board policy, must be sealed by the bidder and
5    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
7    be announced. Each bidder must receive at least 3 days
8    notice of 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
11    at least 10 days before the bid date in a newspaper
12    published in the district or, if no newspaper is published
13    in the district, in a newspaper of general circulation in
14    the area of the district.
15        (d) To pass all necessary ordinances, rules and
16    regulations for the proper management and conduct of the
17    business of the board and district and to establish by
18    ordinance all needful rules and regulations for the
19    government and protection of parks, boulevards and
20    driveways and other property under its jurisdiction, and to
21    effect the objects for which such districts are formed.
22        (e) To prescribe such fines and penalties for the
23    violation of ordinances as it shall deem proper not
24    exceeding $1,000 for any one offense, which fines and
25    penalties may be recovered by an action in the name of such
26    district in the circuit court for the county in which such



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1    violation occurred. The park district may also seek in the
2    action, in addition to or instead of fines and penalties,
3    an order that the offender be required to make restitution
4    for damage resulting from violations, and the court shall
5    grant such relief where appropriate. The procedure in such
6    actions shall be the same as that provided by law for like
7    actions for the violation of ordinances in cities organized
8    under the general laws of this State, and offenders may be
9    imprisoned for non-payment of fines and costs in the same
10    manner as in such cities. All fines when collected shall be
11    paid into the treasury of such district.
12        (f) To manage and control all officers and property of
13    such districts and to provide for joint ownership with one
14    or more cities, villages or incorporated towns of real and
15    personal property used for park purposes by one or more
16    park districts. In case of joint ownership, the terms of
17    the agreement shall be fair, just and equitable to all
18    parties and shall be set forth in a written agreement
19    entered into by the corporate authorities of each
20    participating district, city, village or incorporated
21    town.
22        (g) To secure grants and loans, or either, from the
23    United States Government, or any agency or agencies
24    thereof, for financing the acquisition or purchase of any
25    and all real estate, or rights therein, or for effecting
26    any of the powers or purposes granted under this Code as



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1    its Board may deem proper.
2        (h) To establish fees for the use of facilities and
3    recreational programs of the districts and to derive
4    revenue from non-resident fees from their operations. Fees
5    charged non-residents of such district need not be the same
6    as fees charged to residents of the district. Charging fees
7    or deriving revenue from the facilities and recreational
8    programs shall not affect the right to assert or utilize
9    any defense or immunity, common law or statutory, available
10    to the districts or their employees.
11        (i) To make contracts for a term exceeding one year,
12    but not to exceed 3 years, notwithstanding any provision of
13    this Code to the contrary, relating to: (1) the employment
14    of a park director, superintendent, administrator,
15    engineer, health officer, land planner, finance director,
16    attorney, police chief, or other officer who requires
17    technical training or knowledge; (2) the employment of
18    outside professional consultants such as engineers,
19    doctors, land planners, auditors, attorneys, or other
20    professional consultants who require technical training or
21    knowledge; (3) the provision of data processing equipment
22    and services; and (4) the purchase of energy from a utility
23    or an alternative retail electric supplier. With respect to
24    any contract made under this subsection (i), the corporate
25    authorities shall include in the annual appropriation
26    ordinance for each fiscal year an appropriation of a sum of



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1    money sufficient to pay the amount which, by the terms of
2    the contract, is to become due and payable during that
3    fiscal year.
4        (j) To enter into licensing or management agreements
5    with not-for-profit corporations organized under the laws
6    of this State to operate park district facilities if the
7    agreement contains a covenant the corporation covenants to
8    use the facilities to provide public park or recreational
9    programs for youth.
10(Source: P.A. 98-325, eff. 8-12-13; 98-772, eff. 7-16-14;
1199-771, eff. 8-12-16.)
12    Section 99. Effective date. This Act takes effect upon
13becoming law.