Full Text of HB2096 101st General Assembly
HB2096 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2096 Introduced , by Rep. Kathleen Willis SYNOPSIS AS INTRODUCED: |
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70 ILCS 1205/8-1 | from Ch. 105, par. 8-1 |
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Amends the Park District Code. Excludes contracts for fuel (such as diesel, gasoline, oil, aviation, or propane), lubricants, or other petroleum products from contracts that must be awarded by competitive bidding. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 the name set forth
in the petition for its | 10 | | organization, the specific name set forth in this Code, or the | 11 | | name it may adopt under
Section 8-9 and shall have and exercise | 12 | | the 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 fuel (such as diesel, gasoline, oil, | 16 | | aviation, or propane), lubricants, or other petroleum | 17 | | products, contracts for the use, purchase,
delivery, | 18 | | movement, or installation of data processing equipment, | 19 | | software, or
services and telecommunications and | 20 | | interconnect equipment, software, or
services, contracts | 21 | | for duplicating machines and supplies, contracts for goods
| 22 | | or services procured from another governmental agency, | 23 | | purchases of equipment
previously owned by some entity | 24 | | other than the district itself, and
contracts for the | 25 | | purchase of magazines, books, periodicals, pamphlets and
| 26 | | reports are not subject to competitive bidding. Contracts |
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| 1 | | for emergency expenditures are also exempt from | 2 | | competitive bidding when the
emergency expenditure is | 3 | | approved by 3/4 of the members of the board.
| 4 | | All competitive bids for contracts involving an | 5 | | expenditure in excess of $25,000, or a lower amount if | 6 | | required by board policy,
must be sealed by the bidder and | 7 | | must be opened by a member or employee
of the park board at | 8 | | a public bid opening at which the contents of the bids
must | 9 | | be announced. Each bidder must receive at least 3 days | 10 | | notice of the
time and place of the bid opening.
| 11 | | For purposes of this subsection, "due advertisement" | 12 | | includes, but is not
limited to, at least one public notice | 13 | | at least 10 days before the bid date in
a newspaper | 14 | | published in the district or, if no newspaper is published | 15 | | in the
district, in a newspaper of general circulation in | 16 | | the area of the district.
| 17 | | (d) To pass all necessary ordinances, rules and | 18 | | regulations for the
proper management and conduct of the | 19 | | business of the board and district
and to establish by | 20 | | ordinance all needful rules and regulations for the
| 21 | | government and protection of parks, boulevards and | 22 | | driveways and other
property under its jurisdiction, and to | 23 | | effect the objects for which
such districts are formed.
| 24 | | (e) To prescribe such fines and penalties for the | 25 | | violation of
ordinances as it shall deem proper not | 26 | | exceeding $1,000 for any
one
offense, which fines and |
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| 1 | | penalties may be recovered by an action in the name
of such | 2 | | district in the circuit court for the county in which such
| 3 | | violation occurred. The park district may also seek in the | 4 | | action, in
addition to or instead of fines and penalties, | 5 | | an order that the offender
be required to make restitution | 6 | | for damage resulting from violations, and
the court shall | 7 | | grant such relief where appropriate. The procedure in
such | 8 | | actions shall be the same as that provided by law for like | 9 | | actions for the
violation of ordinances in cities organized | 10 | | under the general laws of this
State, and offenders may be | 11 | | imprisoned for non-payment of fines and costs in
the same | 12 | | manner as in such cities. All fines when collected shall be | 13 | | paid into
the treasury of such district.
| 14 | | (f) To manage and control all officers and property of | 15 | | such
districts and to provide for joint ownership with one | 16 | | or more cities,
villages or incorporated towns of real and | 17 | | personal property used for
park purposes by one or more | 18 | | park districts. In case of joint ownership,
the terms of | 19 | | the agreement shall be fair, just and equitable to all
| 20 | | parties and shall be set forth in a written agreement | 21 | | entered into by
the corporate authorities of each | 22 | | participating district, city, village
or incorporated | 23 | | town.
| 24 | | (g) To secure grants and loans, or either, from the | 25 | | United States
Government, or any agency or agencies | 26 | | thereof, for financing the
acquisition or purchase of any |
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| 1 | | and all real estate, or rights therein,
or for effecting | 2 | | any of the powers or purposes granted under this Code
as | 3 | | its Board may deem proper.
| 4 | | (h) To establish fees for the use of facilities and | 5 | | recreational programs of
the districts and to derive | 6 | | revenue from non-resident fees from their
operations. Fees | 7 | | charged non-residents of such district need not be the same | 8 | | as
fees charged to residents of the district. Charging fees | 9 | | or deriving revenue
from the facilities and recreational | 10 | | programs shall not affect the right to
assert or utilize | 11 | | any defense or immunity, common law or statutory, available
| 12 | | to the districts or their employees.
| 13 | | (i) To make contracts for a term exceeding one year, | 14 | | but not to exceed
3 years, notwithstanding any provision of | 15 | | this Code to the contrary,
relating to: (1) the employment | 16 | | of a park director, superintendent,
administrator, | 17 | | engineer, health officer, land planner, finance director,
| 18 | | attorney, police chief, or other officer who requires | 19 | | technical training or
knowledge; (2) the employment of | 20 | | outside professional consultants such as
engineers, | 21 | | doctors, land planners, auditors, attorneys, or other
| 22 | | professional consultants who require technical training or | 23 | | knowledge; (3)
the provision of data processing equipment | 24 | | and services; and (4) the purchase of energy from a utility | 25 | | or an alternative retail electric supplier. With respect to
| 26 | | any contract made under this subsection (i), the corporate |
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| 1 | | authorities
shall include in the annual appropriation | 2 | | ordinance for each fiscal year an
appropriation of a sum of | 3 | | money sufficient to pay the amount which, by the
terms of | 4 | | the contract, is to become due and payable during that | 5 | | fiscal year.
| 6 | | (j) To enter into licensing or management agreements | 7 | | with not-for-profit
corporations organized under the laws | 8 | | of this State to operate park district
facilities if the | 9 | | corporation covenants to use the facilities to provide | 10 | | public
park or recreational programs for youth.
| 11 | | (Source: P.A. 98-325, eff. 8-12-13; 98-772, eff. 7-16-14; | 12 | | 99-771, eff. 8-12-16.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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