Illinois General Assembly - Full Text of HB4536
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Full Text of HB4536  99th General Assembly




HB4536 EnrolledLRB099 16133 AWJ 40458 b

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 Conservation District Act is amended by
5changing Section 6 as follows:
6    (70 ILCS 410/6)  (from Ch. 96 1/2, par. 7106)
7    Sec. 6. Officers and employees. As soon as possible after
8the initial election or the initial appointments, as the case
9may be, the trustees shall organize by selecting from their
10members a president, secretary, treasurer, and other officers
11as are deemed necessary, who shall hold office for 2 years in
12the case of an elected board, or the fiscal year in which
13elected in the case of an appointed board, and until their
14successors are selected and qualify. Three trustees shall
15constitute a quorum of the board for the transaction of
16business if the district has 5 trustees. If the district has 7
17trustees, 4 trustees shall constitute a quorum of the board for
18the transaction of business. The board shall hold regular
19monthly meetings. Special meetings may be called by the
20president and shall be called on the request of a majority of
21members, as may be required.
22    The board shall provide for the proper and safe keeping of
23its permanent records and for the recording of the corporate



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1action of the district. It shall keep a proper system of
2accounts showing a true and accurate record of its receipts and
3disbursements, and it shall cause an annual audit to be made of
4its books, records, and accounts.
5    The records of the district shall be subject to public
6inspection at all reasonable hours and under regulations as the
7board may prescribe.
8    The district shall annually make a full and complete report
9to the county board of each county within the district and to
10the Department of Natural Resources of its transactions and
11operations for the preceding year. The report shall contain a
12full statement of its receipts, disbursements, and the program
13of work for the period covered, and may include recommendations
14as may be deemed advisable.
15    Executive or ministerial duties may be delegated to one or
16more trustees or to an authorized officer, employee, agent,
17attorney, or other representative of the district.
18    All officers and employees authorized to receive or retain
19the custody of money or to sign vouchers, checks, warrants, or
20evidences of indebtedness binding upon the district shall
21furnish surety bond for the faithful performance of their
22duties and the faithful accounting for all moneys that may come
23into their hands in an amount to be fixed and in a form to be
24approved by the board.
25    All contracts for supplies, material, or work involving an
26expenditure in excess of $25,000, or a lower amount if required



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1by board policy, $20,000 shall be let to the lowest responsible
2bidder, after due advertisement, excepting work requiring
3personal confidence or necessary supplies under the control of
4monopolies, where competitive bidding is impossible. All
5contracts for supplies, material, or work shall be signed by
6the president of the board and by any other officer as the
7board in its discretion may designate.
8(Source: P.A. 94-454, eff. 8-4-05; 95-54, eff. 8-10-07.)
9    Section 10. The Downstate Forest Preserve District Act is
10amended by changing Section 8 as follows:
11    (70 ILCS 805/8)  (from Ch. 96 1/2, par. 6315)
12    Sec. 8. Powers and duties of corporate authority and
13officers; contracts; salaries.
14    (a) The board shall be the corporate authority of such
15forest preserve district and shall have power to pass and
16enforce all necessary ordinances, rules and regulations for the
17management of the property and conduct of the business of such
18district. The president of such board shall have power to
19appoint such employees as may be necessary. In counties with
20population of less than 3,000,000, within 60 days after their
21selection the commissioners appointed under the provisions of
22Section 3a of this Act shall organize by selecting from their
23members a president, secretary, treasurer and such other
24officers as are deemed necessary who shall hold office for the



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1fiscal year in which elected and until their successors are
2selected and qualify. In the one district in existence on July
31, 1977, that is managed by an appointed board of
4commissioners, the incumbent president and the other officers
5appointed in the manner as originally prescribed in this Act
6shall hold such offices until the completion of their
7respective terms or in the case of the officers other than
8president until their successors are appointed by said
9president, but in all cases not to extend beyond January 1,
101980 and until their successors are selected and qualify.
11Thereafter, the officers shall be selected in the manner as
12prescribed in this Section except that their first term of
13office shall not expire until June 30, 1981 and until their
14successors are selected and qualify.
15    (b) In any county, city, village, incorporated town or
16sanitary district where the corporate authorities act as the
17governing body of a forest preserve district, the person
18exercising the powers of the president of the board shall have
19power to appoint a secretary and an assistant secretary and
20treasurer and an assistant treasurer and such other officers
21and such employees as may be necessary. The assistant secretary
22and assistant treasurer shall perform the duties of the
23secretary and treasurer, respectively in case of death of such
24officers or when such officers are unable to perform the duties
25of their respective offices. All contracts for supplies,
26material or work involving an expenditure in excess of $25,000,



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1or a lower amount if required by board policy, $20,000 shall be
2let to the lowest responsible bidder, after advertising at
3least once in one or more newspapers of general circulation
4within the district, excepting work requiring personal
5confidence or necessary supplies under the control of
6monopolies, where competitive bidding is impossible. Contracts
7for supplies, material or work involving an expenditure of
8$25,000, or a lower amount if required by board policy, $20,000
9or less may be let without advertising for bids, but whenever
10practicable, at least 3 competitive bids shall be obtained
11before letting such contract. All contracts for supplies,
12material or work shall be signed by the president of the board
13of commissioners or by any such other officer as the board in
14its discretion may designate.
15    (c) The president of any board of commissioners appointed
16under the provisions of Section 3a of this Act shall receive a
17salary not to exceed the sum of $2500 per annum and the salary
18of other members of the board so appointed shall not exceed
19$1500 per annum. Salaries of the commissioners, officers and
20employees shall be fixed by ordinance.
21    (d) Whenever a forest preserve district owns any personal
22property that, in the opinion of three-fifths of the members of
23the board of commissioners, is no longer necessary, useful to,
24or for the best interests of the forest preserve district, then
25three-fifths of the members of the board, at any regular
26meeting or any special meeting called for that purpose by an



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1ordinance or resolution that includes a general description of
2the personal property, may authorize the conveyance or sale of
3that personal property in any manner that they may designate,
4with or without advertising the sale.
5(Source: P.A. 97-851, eff. 7-26-12; 98-463, eff. 8-16-13.)
6    Section 15. The Park District Code is amended by changing
7Section 8-1 as follows:
8    (70 ILCS 1205/8-1)  (from Ch. 105, par. 8-1)
9    Sec. 8-1. General corporate powers. Every park district
10shall, from the time of its organization, be a body corporate
11and politic by the name set forth in the petition for its
12organization, the specific name set forth in this Code, or the
13name it may adopt under Section 8-9 and shall have and exercise
14the following powers:
15    (a) To adopt a corporate seal and alter the same at
16pleasure; to sue and be sued; and to contract in furtherance of
17any of its corporate purposes.
18    (b) (1) To acquire by gift, legacy, grant or purchase, or
19by condemnation in the manner provided for the exercise of the
20power of eminent domain under the Eminent Domain Act, any and
21all real estate, or rights therein necessary for building,
22laying out, extending, adorning and maintaining any such parks,
23boulevards and driveways, or for effecting any of the powers or
24purposes granted under this Code as its board may deem proper,



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1whether such lands be located within or without such district;
2but no park district, except as provided in paragraph (2) of
3this subsection, shall have any power of condemnation in the
4manner provided for the exercise of the power of eminent domain
5under the Eminent Domain Act or otherwise as to any real
6estate, lands, riparian rights or estate, or other property
7situated outside of such district, but shall only have power to
8acquire the same by gift, legacy, grant or purchase, and such
9district shall have the same control of and power over lands so
10acquired without the district as over parks, boulevards and
11driveways within such district.
12    (2) In addition to the powers granted in paragraph (1) of
13subsection (b), a park district located in more than one
14county, the majority of its territory located in a county over
15450,000 in population and none of its territory located in a
16county over 1,000,000 in population, shall have condemnation
17power in the manner provided for the exercise of the power of
18eminent domain under the Eminent Domain Act or as otherwise
19granted by law as to any and all real estate situated up to one
20mile outside of such district which is not within the
21boundaries of another park district.
22    (c) To acquire by gift, legacy or purchase any personal
23property necessary for its corporate purposes provided that all
24contracts for supplies, materials or work involving an
25expenditure in excess of $25,000, or a lower amount if required
26by board policy, $20,000 shall be let to the lowest responsible



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1bidder after due advertisement. No district shall be required
2to accept a bid that does not meet the district's established
3specifications, terms of delivery, quality, and serviceability
4requirements. Contracts which, by their nature, are not adapted
5to award by competitive bidding, such as contracts for the
6services of individuals possessing a high degree of
7professional skill where the ability or fitness of the
8individual plays an important part, contracts for the printing
9of finance committee reports and departmental reports,
10contracts for the printing or engraving of bonds, tax warrants
11and other evidences of indebtedness, contracts for utility
12services such as water, light, heat, telephone or telegraph,
13contracts for the use, purchase, delivery, movement, or
14installation of data processing equipment, software, or
15services and telecommunications and interconnect equipment,
16software, or services, contracts for duplicating machines and
17supplies, contracts for goods or services procured from another
18governmental agency, purchases of equipment previously owned
19by some entity other than the district itself, and contracts
20for the purchase of magazines, books, periodicals, pamphlets
21and reports are not subject to competitive bidding. Contracts
22for emergency expenditures are also exempt from competitive
23bidding when the emergency expenditure is approved by 3/4 of
24the members of the board.
25    All competitive bids for contracts involving an
26expenditure in excess of $25,000, or a lower amount if required



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1by board policy, $20,000 must be sealed by the bidder and must
2be opened by a member or employee of the park board at a public
3bid opening at which the contents of the bids must be
4announced. Each bidder must receive at least 3 days notice of
5the time and place of the bid opening.
6    For purposes of this subsection, "due advertisement"
7includes, but is not limited to, at least one public notice at
8least 10 days before the bid date in a newspaper published in
9the district or, if no newspaper is published in the district,
10in a newspaper of general circulation in the area of the
12    (d) To pass all necessary ordinances, rules and regulations
13for the proper management and conduct of the business of the
14board and district and to establish by ordinance all needful
15rules and regulations for the government and protection of
16parks, boulevards and driveways and other property under its
17jurisdiction, and to effect the objects for which such
18districts are formed.
19    (e) To prescribe such fines and penalties for the violation
20of ordinances as it shall deem proper not exceeding $1,000 for
21any one offense, which fines and penalties may be recovered by
22an action in the name of such district in the circuit court for
23the county in which such violation occurred. The park district
24may also seek in the action, in addition to or instead of fines
25and penalties, an order that the offender be required to make
26restitution for damage resulting from violations, and the court



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1shall grant such relief where appropriate. The procedure in
2such actions shall be the same as that provided by law for like
3actions for the violation of ordinances in cities organized
4under the general laws of this State, and offenders may be
5imprisoned for non-payment of fines and costs in the same
6manner as in such cities. All fines when collected shall be
7paid into the treasury of such district.
8    (f) To manage and control all officers and property of such
9districts and to provide for joint ownership with one or more
10cities, villages or incorporated towns of real and personal
11property used for park purposes by one or more park districts.
12In case of joint ownership, the terms of the agreement shall be
13fair, just and equitable to all parties and shall be set forth
14in a written agreement entered into by the corporate
15authorities of each participating district, city, village or
16incorporated town.
17    (g) To secure grants and loans, or either, from the United
18States Government, or any agency or agencies thereof, for
19financing the acquisition or purchase of any and all real
20estate, or rights therein, or for effecting any of the powers
21or purposes granted under this Code as its Board may deem
23    (h) To establish fees for the use of facilities and
24recreational programs of the districts and to derive revenue
25from non-resident fees from their operations. Fees charged
26non-residents of such district need not be the same as fees



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1charged to residents of the district. Charging fees or deriving
2revenue from the facilities and recreational programs shall not
3affect the right to assert or utilize any defense or immunity,
4common law or statutory, available to the districts or their
6    (i) To make contracts for a term exceeding one year, but
7not to exceed 3 years, notwithstanding any provision of this
8Code to the contrary, relating to: (1) the employment of a park
9director, superintendent, administrator, engineer, health
10officer, land planner, finance director, attorney, police
11chief, or other officer who requires technical training or
12knowledge; (2) the employment of outside professional
13consultants such as engineers, doctors, land planners,
14auditors, attorneys, or other professional consultants who
15require technical training or knowledge; (3) the provision of
16data processing equipment and services; and (4) the purchase of
17energy from a utility or an alternative retail electric
18supplier. With respect to any contract made under this
19subsection (i), the corporate authorities shall include in the
20annual appropriation ordinance for each fiscal year an
21appropriation of a sum of money sufficient to pay the amount
22which, by the terms of the contract, is to become due and
23payable during that fiscal year.
24    (j) To enter into licensing or management agreements with
25not-for-profit corporations organized under the laws of this
26State to operate park district facilities if the corporation



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1covenants to use the facilities to provide public park or
2recreational programs for youth.
3(Source: P.A. 98-325, eff. 8-12-13; 98-772, eff. 7-16-14.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.