Illinois General Assembly - Full Text of HB2096
Illinois General Assembly

Previous General Assemblies

Full Text of HB2096  101st General Assembly




HB2096 EngrossedLRB101 04912 AWJ 49921 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 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



HB2096 Engrossed- 2 -LRB101 04912 AWJ 49921 b

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



HB2096 Engrossed- 3 -LRB101 04912 AWJ 49921 b

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



HB2096 Engrossed- 4 -LRB101 04912 AWJ 49921 b

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



HB2096 Engrossed- 5 -LRB101 04912 AWJ 49921 b

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



HB2096 Engrossed- 6 -LRB101 04912 AWJ 49921 b

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



HB2096 Engrossed- 7 -LRB101 04912 AWJ 49921 b

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;
1299-771, eff. 8-12-16.)
13    Section 99. Effective date. This Act takes effect upon
14becoming law.