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




State of Illinois
2015 and 2016


Introduced , by Rep. Lawrence M. Walsh, Jr.


70 ILCS 410/6  from Ch. 96 1/2, par. 7106
70 ILCS 805/8  from Ch. 96 1/2, par. 6315
70 ILCS 1205/8-1  from Ch. 105, par. 8-1

    Amends the Park District Code, the Conservation District Act, and the Downstate Forest Preserve District Act. Increases the amount of a contract that requires competitive bidding for supplies, materials, and work from $20,000 to $25,000. Effective immediately.

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HB4536LRB099 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 $20,000 shall be let to the



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



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1selected and qualify. In the one district in existence on July
21, 1977, that is managed by an appointed board of
3commissioners, the incumbent president and the other officers
4appointed in the manner as originally prescribed in this Act
5shall hold such offices until the completion of their
6respective terms or in the case of the officers other than
7president until their successors are appointed by said
8president, but in all cases not to extend beyond January 1,
91980 and until their successors are selected and qualify.
10Thereafter, the officers shall be selected in the manner as
11prescribed in this Section except that their first term of
12office shall not expire until June 30, 1981 and until their
13successors are selected and qualify.
14    (b) In any county, city, village, incorporated town or
15sanitary district where the corporate authorities act as the
16governing body of a forest preserve district, the person
17exercising the powers of the president of the board shall have
18power to appoint a secretary and an assistant secretary and
19treasurer and an assistant treasurer and such other officers
20and such employees as may be necessary. The assistant secretary
21and assistant treasurer shall perform the duties of the
22secretary and treasurer, respectively in case of death of such
23officers or when such officers are unable to perform the duties
24of their respective offices. All contracts for supplies,
25material or work involving an expenditure in excess of $25,000
26$20,000 shall be let to the lowest responsible bidder, after



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



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1with or without advertising the sale.
2(Source: P.A. 97-851, eff. 7-26-12; 98-463, eff. 8-16-13.)
3    Section 15. The Park District Code is amended by changing
4Section 8-1 as follows:
5    (70 ILCS 1205/8-1)  (from Ch. 105, par. 8-1)
6    Sec. 8-1. General corporate powers. Every park district
7shall, from the time of its organization, be a body corporate
8and politic by the name set forth in the petition for its
9organization, the specific name set forth in this Code, or the
10name it may adopt under Section 8-9 and shall have and exercise
11the following powers:
12    (a) To adopt a corporate seal and alter the same at
13pleasure; to sue and be sued; and to contract in furtherance of
14any of its corporate purposes.
15    (b) (1) To acquire by gift, legacy, grant or purchase, or
16by condemnation in the manner provided for the exercise of the
17power of eminent domain under the Eminent Domain Act, any and
18all real estate, or rights therein necessary for building,
19laying out, extending, adorning and maintaining any such parks,
20boulevards and driveways, or for effecting any of the powers or
21purposes granted under this Code as its board may deem proper,
22whether such lands be located within or without such district;
23but no park district, except as provided in paragraph (2) of
24this subsection, shall have any power of condemnation in the



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1manner provided for the exercise of the power of eminent domain
2under the Eminent Domain Act or otherwise as to any real
3estate, lands, riparian rights or estate, or other property
4situated outside of such district, but shall only have power to
5acquire the same by gift, legacy, grant or purchase, and such
6district shall have the same control of and power over lands so
7acquired without the district as over parks, boulevards and
8driveways within such district.
9    (2) In addition to the powers granted in paragraph (1) of
10subsection (b), a park district located in more than one
11county, the majority of its territory located in a county over
12450,000 in population and none of its territory located in a
13county over 1,000,000 in population, shall have condemnation
14power in the manner provided for the exercise of the power of
15eminent domain under the Eminent Domain Act or as otherwise
16granted by law as to any and all real estate situated up to one
17mile outside of such district which is not within the
18boundaries of another park district.
19    (c) To acquire by gift, legacy or purchase any personal
20property necessary for its corporate purposes provided that all
21contracts for supplies, materials or work involving an
22expenditure in excess of $25,000 $20,000 shall be let to the
23lowest responsible bidder after due advertisement. No district
24shall be required to accept a bid that does not meet the
25district's established specifications, terms of delivery,
26quality, and serviceability requirements. Contracts which, by



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1their nature, are not adapted to award by competitive bidding,
2such as contracts for the services of individuals possessing a
3high degree of professional skill where the ability or fitness
4of the individual plays an important part, contracts for the
5printing of finance committee reports and departmental
6reports, contracts for the printing or engraving of bonds, tax
7warrants and other evidences of indebtedness, contracts for
8utility services such as water, light, heat, telephone or
9telegraph, contracts for the use, purchase, delivery,
10movement, or installation of data processing equipment,
11software, or services and telecommunications and interconnect
12equipment, software, or services, contracts for duplicating
13machines and supplies, contracts for goods or services procured
14from another governmental agency, purchases of equipment
15previously owned by some entity other than the district itself,
16and contracts for the purchase of magazines, books,
17periodicals, pamphlets and reports are not subject to
18competitive bidding. Contracts for emergency expenditures are
19also exempt from competitive bidding when the emergency
20expenditure is approved by 3/4 of the members of the board.
21    All competitive bids for contracts involving an
22expenditure in excess of $25,000 $20,000 must be sealed by the
23bidder and must be opened by a member or employee of the park
24board at a public bid opening at which the contents of the bids
25must be announced. Each bidder must receive at least 3 days
26notice of the time and place of the bid opening.



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1    For purposes of this subsection, "due advertisement"
2includes, but is not limited to, at least one public notice at
3least 10 days before the bid date in a newspaper published in
4the district or, if no newspaper is published in the district,
5in a newspaper of general circulation in the area of the
7    (d) To pass all necessary ordinances, rules and regulations
8for the proper management and conduct of the business of the
9board and district and to establish by ordinance all needful
10rules and regulations for the government and protection of
11parks, boulevards and driveways and other property under its
12jurisdiction, and to effect the objects for which such
13districts are formed.
14    (e) To prescribe such fines and penalties for the violation
15of ordinances as it shall deem proper not exceeding $1,000 for
16any one offense, which fines and penalties may be recovered by
17an action in the name of such district in the circuit court for
18the county in which such violation occurred. The park district
19may also seek in the action, in addition to or instead of fines
20and penalties, an order that the offender be required to make
21restitution for damage resulting from violations, and the court
22shall grant such relief where appropriate. The procedure in
23such actions shall be the same as that provided by law for like
24actions for the violation of ordinances in cities organized
25under the general laws of this State, and offenders may be
26imprisoned for non-payment of fines and costs in the same



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1manner as in such cities. All fines when collected shall be
2paid into the treasury of such district.
3    (f) To manage and control all officers and property of such
4districts and to provide for joint ownership with one or more
5cities, villages or incorporated towns of real and personal
6property used for park purposes by one or more park districts.
7In case of joint ownership, the terms of the agreement shall be
8fair, just and equitable to all parties and shall be set forth
9in a written agreement entered into by the corporate
10authorities of each participating district, city, village or
11incorporated town.
12    (g) To secure grants and loans, or either, from the United
13States Government, or any agency or agencies thereof, for
14financing the acquisition or purchase of any and all real
15estate, or rights therein, or for effecting any of the powers
16or purposes granted under this Code as its Board may deem
18    (h) To establish fees for the use of facilities and
19recreational programs of the districts and to derive revenue
20from non-resident fees from their operations. Fees charged
21non-residents of such district need not be the same as fees
22charged to residents of the district. Charging fees or deriving
23revenue from the facilities and recreational programs shall not
24affect the right to assert or utilize any defense or immunity,
25common law or statutory, available to the districts or their



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1    (i) To make contracts for a term exceeding one year, but
2not to exceed 3 years, notwithstanding any provision of this
3Code to the contrary, relating to: (1) the employment of a park
4director, superintendent, administrator, engineer, health
5officer, land planner, finance director, attorney, police
6chief, or other officer who requires technical training or
7knowledge; (2) the employment of outside professional
8consultants such as engineers, doctors, land planners,
9auditors, attorneys, or other professional consultants who
10require technical training or knowledge; (3) the provision of
11data processing equipment and services; and (4) the purchase of
12energy from a utility or an alternative retail electric
13supplier. With respect to any contract made under this
14subsection (i), the corporate authorities shall include in the
15annual appropriation ordinance for each fiscal year an
16appropriation of a sum of money sufficient to pay the amount
17which, by the terms of the contract, is to become due and
18payable during that fiscal year.
19    (j) To enter into licensing or management agreements with
20not-for-profit corporations organized under the laws of this
21State to operate park district facilities if the corporation
22covenants to use the facilities to provide public park or
23recreational programs for youth.
24(Source: P.A. 98-325, eff. 8-12-13; 98-772, eff. 7-16-14.)
25    Section 99. Effective date. This Act takes effect upon
26becoming law.