State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]
[ Senate Amendment 002 ]

91_HB0702enr

 
HB0702 Enrolled                                LRB9103774DHmg

 1        AN ACT in relation to the Metro-East Park and  Recreation
 2    District.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 1.  Short title.  This Act may be  cited  as  the
 6    Metro-East Park and Recreation District Act.

 7        Section 5.  Definitions.  In this Act:
 8        "Board"  means  the  board of directors of the Metro-East
 9    Park and Recreation District.
10        "Chief executive  officer"  means  the  chairman  of  the
11    county board of a county.
12        "County"  means  Madison,  St. Clair, Monroe, Clinton, or
13    Jersey County.
14        "District" or "Metro-East District" means the  Metro-East
15    Park and Recreation District created under this Act.
16        "Governing body" means a county board.
17        "Metro-East Park and Recreation Fund" means the fund held
18    by  the  District  that  is  the repository for all taxes and
19    other moneys raised by or for the District under this Act.
20        "Metro-East region" means  Madison,  St.  Clair,  Monroe,
21    Clinton, and Jersey Counties.
22        "Park district" means a park district organized under the
23    Park District Code.

24        Section  10.  Creation  of Metro-East Park and Recreation
25    District.
26        (a)  The Metro-East Park and Recreation District  may  be
27    created, incorporated, and managed under this Section and may
28    exercise the powers given to the District under this Act. Any
29    county  may  be  included  in  the Metro-East District if the
30    voters in the county  or  counties  to  be  included  in  the
 
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 1    District  vote to be included in the District. Any recreation
 2    system  or  public  parks  system  that  exists  within   the
 3    Metro-East  District  created under this Section shall remain
 4    in existence with the same powers and responsibilities it had
 5    prior to the creation of the Metro-East District. Nothing  in
 6    this  Section  shall  be  construed in any manner to limit or
 7    prohibit:
 8             (1)  later establishment or cessation of any park or
 9        recreation system provided for by law; or
10             (2)  any powers and responsibilities of any park  or
11        recreation system provided for by law.
12        (b)  When  the Metro-East District is organized, it shall
13    be a body corporate  and  a  political  subdivision  of  this
14    State,  and  the  District  shall be known as the "Metro-East
15    Park and Recreation District", and in that name may  sue  and
16    be  sued, issue general revenue bonds, and impose and collect
17    taxes or fees under this Act.
18        (c)  The Metro-East District shall have  as  its  primary
19    duty  the development, operation, and maintenance of a public
20    system of interconnecting trails  and  parks  throughout  the
21    counties  comprising  the  District.  The Metro-East District
22    shall supplement but shall not substitute for the powers  and
23    responsibilities  of  the  other parks and recreation systems
24    within the Metro-East District and shall have  the  power  to
25    contract  with  other parks and recreation systems as well as
26    with other public and private entities.

27        Section 15. Creation of District; referendum.
28        (a)  The governing body of a county may,  by  resolution,
29    elect  to create the Metro-East Park and Recreation District.
30    The Metro-East District shall be established at a  referendum
31    on  the  question  of  the  formation of the District that is
32    submitted to the electors of a county at a  regular  election
33    and  approved  by  a  majority  of the electors voting on the
 
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 1    question.  The governing body must certify  the  question  to
 2    the proper election authority, which must submit the question
 3    at an election in accordance with the Election Code.
 4        The  question  must  be  submitted  in  substantially the
 5    following form:
 6             Shall the Metro-East Park and Recreation District be
 7        created for the  purposes  of  improving  water  quality;
 8        increasing  park  safety;  providing neighborhood trails;
 9        improving,  restoring,  and  expanding  parks;  providing
10        disabled  and  expanded  public  access  to  recreational
11        areas;  preserving  natural  lands  for   wildlife;   and
12        maintaining   other   recreation   grounds   within   the
13        boundaries   of   the   Metro-East  Park  and  Recreation
14        District; and shall  (name  of  county)  join  any  other
15        counties  in  the  Metro-East  region  that  approve  the
16        formation of the Metro-East Park and Recreation District,
17        with  the  authority  to  impose  a  Metro-East  Park and
18        Recreation District Retailers' Occupation Tax at  a  rate
19        of  one-tenth  of  1%  upon  all  persons  engaged in the
20        business of selling tangible personal property at  retail
21        in  the  district  on gross receipts on the sales made in
22        the course of their  business  for  the  purposes  stated
23        above,  with  50%  of the revenue going to the Metro-East
24        Park and Recreation  District  and  50%  of  the  revenue
25        returned to the county from which the tax was collected?
26    The votes must be recorded as "Yes" or "No"
27        In the proposed Metro-East District that consists of only
28    one  county,  if  a  majority  of the electors in that county
29    voting  on  the  question  vote  in  the   affirmative,   the
30    Metro-East  District  may  be  organized.   In  the  proposed
31    Metro-East District that consists of more than one county, if
32    a  majority  of  the  electors  in  any  county  proposed for
33    inclusion in the District voting on the question vote in  the
34    affirmative,  the  Metro-East  District  may be organized and
 
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 1    that county may be included in the District.
 2        (b) After the Metro-East District has been  created,  any
 3    county  eligible for inclusion in the Metro-East District may
 4    join the District after the county submits  the  question  of
 5    joining  the  District  to  the  electors  of the county at a
 6    regular election.  The county board must submit the  question
 7    to  the  proper  election  authority,  which  must submit the
 8    question at an election in accordance with the Election Code.
 9        The question  must  be  submitted  in  substantially  the
10    following form:
11             Shall  (name of county) join the Metro-East Park and
12        Recreation  District  with  the  authority  to  impose  a
13        Metro-East  Park  and  Recreation   District   Retailers'
14        Occupation  Tax  at  a  rate  of one-tenth of 1% upon all
15        persons engaged  in  the  business  of  selling  tangible
16        personal  property  at  retail  in  the district on gross
17        receipts on  the  sales  made  in  the  course  of  their
18        business, with 50% of the revenue going to the Metro-East
19        Park  and  Recreation  District  and  50%  of the revenue
20        returned to the county from which the tax was collected?
21    The votes must be recorded as "Yes" or "No".
22        If a majority of the electors voting on the question vote
23    in the affirmative, the  county  shall  be  included  in  the
24    District.

25        Section 20. Board of directors.
26        (a)  If  the  Metro-East  District is created by only one
27    county, the District shall be managed by a board of directors
28    consisting of 3 members. Two members shall  be  appointed  by
29    the  chief  executive officer, with the advice and consent of
30    the county board, of the county  in  which  the  District  is
31    located,  and  one  member shall be appointed by the minority
32    members of the county board with the advice  and  consent  of
33    the  county board. The first appointment shall be made within
 
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 1    90 days and not sooner than 60 days after  the  District  has
 2    been  organized.  Each member of the board so appointed shall
 3    be a legal voter in the District.  The first directors  shall
 4    be appointed to hold office for terms of one, 2, and 3 years,
 5    and  until June 30 thereafter, respectively, as determined by
 6    lot.  Thereafter, successors shall be appointed in  the  same
 7    manner  no later than the first day of the month in which the
 8    term of a director expires.   All  terms  expire  if  another
 9    county joins the District.
10        A  vacancy occurring otherwise than by expiration of term
11    shall  be  filled  in  the  same  manner  as   the   original
12    appointment.
13        (b)  If  the  Metro-East District is created by more than
14    one county, each county that  elects  to  join  the  District
15    shall  be  represented  by a certain number of board members.
16    The board members shall  be  distributed  from  the  counties
17    electing to join the District as follows:
18             (1) The chief executive officer, with the advice and
19        consent  of  the  county board, of St. Clair county shall
20        appoint 2 members and the minority members of the  county
21        board,  with  the advice and consent of the county board,
22        shall appoint one member.
23             (2) The chief executive officer, with the advice and
24        consent of the county  board,  of  Madison  County  shall
25        appoint  2 members and the minority members of the county
26        board, with the advice and consent of the  county  board,
27        shall appoint one member.
28             (3) The chief executive officer, with the advice and
29        consent  of  the  county  board,  of Clinton County shall
30        appoint one member.
31             (4) The chief executive officer, with the advice and
32        consent of the  county  board,  of  Jersey  County  shall
33        appoint one member.
34             (5) The chief executive officer, with the advice and
 
HB0702 Enrolled             -6-                LRB9103774DHmg
 1        consent  of  the  county  board,  of  Monroe County shall
 2        appoint one member.
 3        The board members shall serve 3-year terms,  except  that
 4    board  members  first  appointed  shall be appointed to serve
 5    terms of one, 2, or 3 years as determined  by  lot,  provided
 6    that  board  members  from  counties eligible to appoint more
 7    than one member may not serve identical  initial  terms.   On
 8    the expiration of the initial terms of appointment and on the
 9    expiration  of  any  subsequent  term,  the resulting vacancy
10    shall  be  filled  in  the  same  manner  as   the   original
11    appointment. Board members shall serve until their successors
12    are appointed.  Board members are eligible for reappointment.
13        (c)  No  board  member  may  hold  a public office in any
14    county within the Metro-East District, other than the  office
15    of  notary  public.  Board  members  must  be citizens of the
16    United States and they must reside  within  the  county  from
17    which  they  are  appointed.  No  board  member  may  receive
18    compensation  for performance of duties as a board member. No
19    board  member  may  be  financially  interested  directly  or
20    indirectly in any contract entered into under this Act.
21        (d) Promptly after their appointment, the  initial  board
22    members  shall  hold  an organizational meeting at which they
23    shall elect a president and any other officers that they deem
24    necessary from among their number. The members shall make and
25    adopt any bylaws, rules, and regulations for  their  guidance
26    and for the government of the parks, neighborhood trails, and
27    recreational grounds and facilities that may be expedient and
28    not inconsistent with this Act.
29        (e) Board members shall have the exclusive control of the
30    expenditures  of  all  money  collected  to the credit of the
31    Metro-East Park  and  Recreation  Fund  created  pursuant  to
32    Section  35,  and  of the supervision, improvement, care, and
33    custody of public parks,  neighborhood  trails,  recreational
34    facilities,  and grounds owned, maintained, or managed by the
 
HB0702 Enrolled             -7-                LRB9103774DHmg
 1    Metro-East District. All moneys received for  those  purposes
 2    shall  be  deposited  in  the  Metro-East Park and Recreation
 3    Fund. The board shall have power  to  purchase  or  otherwise
 4    secure  ground  to  be  used  for parks, neighborhood trails,
 5    recreational facilities, and grounds;  shall  have  power  to
 6    appoint  suitable persons to maintain the parks, neighborhood
 7    trails,  recreational  grounds,   and   facilities   and   to
 8    administer   recreational   programs   and   to   fix   their
 9    compensation;   and   shall   have   power  to  remove  those
10    appointees. The board shall keep accurate records of all  its
11    proceedings  and actions and shall comply with the provisions
12    of the Open Meetings Act and the Freedom of Information  Act.

13        Section 25. Powers and duties.
14        (a)  The  Metro-East Park and Recreation District has the
15    power to:
16             (1)  issue bonds, notes, or  other  obligations  for
17        any  of  the  purposes of the District, and to refund the
18        bonds, notes, or obligations, as provided in Section 40;
19             (2)  contract, as provided by law, with  public  and
20        private  entities  or individuals both within and without
21        the State and contract with  the  United  States  or  any
22        agency  thereof  in furtherance of any of the purposes of
23        the District;
24             (3)  own,  hold,  control,  lease,   purchase   from
25        willing sellers, contract, and sell any and all rights in
26        land,  buildings,  improvements,  and  any  and all other
27        real, personal, or mixed  property,  provided  that  real
28        property within a county may be purchased by the District
29        only  if  a majority of the board members from the county
30        in which the real property  is  located  consent  to  the
31        acquisition;
32             (4)  receive  property,  both  real and personal, or
33        money  that  has  been  granted,  donated,  devised,   or
 
HB0702 Enrolled             -8-                LRB9103774DHmg
 1        bequeathed to the District;
 2             (5)  establish  and  collect  reasonable charges for
 3        the use of the facilities of the District; and
 4             (6)  maintain an office and staff at  any  place  or
 5        places  in  this  State that it may designate and conduct
 6        any business and operations that are necessary to fulfill
 7        the District's duties under this Section.
 8        (b)  When a public highway, street, or road extends  into
 9    or  through  a  public trail, trail area, or park area of the
10    Metro-East District, or when a  public  highway,  street,  or
11    road  forms all or part of a suitable connection between 2 or
12    more public trails, trail areas, or  park  areas  within  the
13    Metro-East District, and it is advisable by the board to make
14    alterations in the route or width of the highway or to grade,
15    drain,  pave, or otherwise improve the highway, the board may
16    enter into agreements, consistent with the  purposes  of  the
17    Metro-East District, with the public agency in control of the
18    portion of the highway, street, or road that lies within any,
19    or  forms  any  part of, a connecting link to and between any
20    public trail, trail area, or  park  area  of  the  Metro-East
21    District.  Any  agreement  with  any  public  agency  must be
22    consistent  with  the  provisions  of  the  Intergovernmental
23    Cooperation Act.
24        This subsection does not alter the legal  status  of  the
25    highway, street, or road in any way.
26        (c)  The  Metro-East  District does not have any power of
27    eminent domain.

28        Section 30.  Taxes.
29        (a)  The board  shall  impose  a  tax  upon  all  persons
30    engaged   in   the  business  of  selling  tangible  personal
31    property, other than personal property titled  or  registered
32    with  an  agency of this State's government, at retail in the
33    District on the gross receipts from the  sales  made  in  the
 
HB0702 Enrolled             -9-                LRB9103774DHmg
 1    course  of  business.  This  tax shall be imposed only at the
 2    rate of one-tenth of one per cent.
 3        This additional tax may not be imposed on  the  sales  of
 4    food  for  human  consumption  that is to be consumed off the
 5    premises where it is sold (other  than  alcoholic  beverages,
 6    soft  drinks,  and food which has been prepared for immediate
 7    consumption) and prescription and non-prescription medicines,
 8    drugs,  medical  appliances,  and  insulin,   urine   testing
 9    materials,  syringes,  and needles used by diabetics. The tax
10    imposed by  the  Board  under  this  Section  and  all  civil
11    penalties  that  may  be  assessed  as an incident of the tax
12    shall be collected and enforced by the Department of Revenue.
13    The  certificate  of  registration  that  is  issued  by  the
14    Department to a retailer under the Retailers' Occupation  Tax
15    Act shall permit the retailer to engage in a business that is
16    taxable  without  registering  separately with the Department
17    under an ordinance or resolution  under  this  Section.   The
18    Department  has  full  power  to  administer and enforce this
19    Section, to collect all taxes and penalties  due  under  this
20    Section,  to  dispose  of taxes and penalties so collected in
21    the manner provided in this Section,  and  to  determine  all
22    rights   to  credit  memoranda  arising  on  account  of  the
23    erroneous payment of a tax or penalty under this Section.  In
24    the administration of and compliance with this  Section,  the
25    Department  and persons who are subject to this Section shall
26    (i) have the same rights, remedies,  privileges,  immunities,
27    powers,  and  duties, (ii) be subject to the same conditions,
28    restrictions,  limitations,  penalties,  and  definitions  of
29    terms, and (iii) employ the same modes of  procedure  as  are
30    prescribed  in  Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k,
31    1m, 1n, 2, 2-5, 2-5.5, 2-10 (in  respect  to  all  provisions
32    contained  in  those  Sections  other  than the State rate of
33    tax), 2-15 through 2-70, 2a, 2b,  2c,  3  (except  provisions
34    relating   to   transaction   returns   and  quarter  monthly
 
HB0702 Enrolled             -10-               LRB9103774DHmg
 1    payments), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j,  5k,
 2    5l,  6,  6a,  6b, 6c, 7, 8, 9, 10, 11, 11a, 12, and 13 of the
 3    Retailers' Occupation Tax Act and  the  Uniform  Penalty  and
 4    Interest  Act  as  if those provisions were set forth in this
 5    Section.
 6        Persons subject to any tax imposed  under  the  authority
 7    granted  in  this  Section may reimburse themselves for their
 8    sellers' tax liability by separately stating the  tax  as  an
 9    additional charge, which charge may be stated in combination,
10    in a single amount, with State tax which sellers are required
11    to  collect under the Use Tax Act, pursuant to such bracketed
12    schedules as the Department may prescribe.
13        Whenever the Department determines that a  refund  should
14    be made under this Section to a claimant instead of issuing a
15    credit  memorandum,  the  Department  shall  notify the State
16    Comptroller, who shall cause the order to be  drawn  for  the
17    amount  specified and to the person named in the notification
18    from the Department.  The refund shall be paid by  the  State
19    Treasurer  out  of  the  State Metro-East Park and Recreation
20    District Fund.
21        (b)  If a tax has been imposed under  subsection  (a),  a
22    service occupation tax shall also be imposed at the same rate
23    upon all persons engaged, in the District, in the business of
24    making  sales of service, who, as an incident to making those
25    sales of service, transfer tangible personal property  within
26    the  District  as  an incident to a sale of service. This tax
27    may not be imposed on sales of  food  for  human  consumption
28    that  is  to  be  consumed  off the premises where it is sold
29    (other  than  alcoholic  beverages,  soft  drinks,  and  food
30    prepared for  immediate  consumption)  and  prescription  and
31    non-prescription  medicines,  drugs,  medical appliances, and
32    insulin, urine testing materials, syringes, and needles  used
33    by  diabetics.  The tax imposed under this subsection and all
34    civil penalties that may be assessed as an  incident  thereof
 
HB0702 Enrolled             -11-               LRB9103774DHmg
 1    shall be collected and enforced by the Department of Revenue.
 2    The  Department has full power to administer and enforce this
 3    subsection; to collect all taxes and penalties due hereunder;
 4    to dispose of taxes and penalties so collected in the  manner
 5    hereinafter  provided;  and to determine all rights to credit
 6    memoranda arising on account of the erroneous payment of  tax
 7    or   penalty  hereunder.    In  the  administration  of,  and
 8    compliance with this subsection, the Department  and  persons
 9    who  are  subject  to  this paragraph shall (i) have the same
10    rights, remedies, privileges, immunities, powers, and duties,
11    (ii)  be  subject  to  the  same  conditions,   restrictions,
12    limitations,    penalties,    exclusions,   exemptions,   and
13    definitions of terms, and (iii)  employ  the  same  modes  of
14    procedure  as  are  prescribed in Sections 2 (except that the
15    reference to State in the definition of supplier  maintaining
16    a  place  of business in this State shall mean the District),
17    2a, 2b, 2c, 3 through 3-50  (in  respect  to  all  provisions
18    therein other than the State rate of tax), 4 (except that the
19    reference  to  the  State  shall be to the District), 5, 7, 8
20    (except that the jurisdiction to which the  tax  shall  be  a
21    debt  to  the extent indicated in that Section 8 shall be the
22    District), 9 (except as  to  the  disposition  of  taxes  and
23    penalties  collected),  10,  11,  12  (except  the  reference
24    therein  to Section 2b of the Retailers' Occupation Tax Act),
25    13 (except that any reference to the  State  shall  mean  the
26    District),  Sections 15, 16, 17, 18, 19 and 20 of the Service
27    Occupation Tax Act and the Uniform Penalty and Interest  Act,
28    as fully as if those provisions were set forth herein.
29        Persons  subject  to  any tax imposed under the authority
30    granted in this subsection may reimburse themselves for their
31    serviceman's tax liability by separately stating the  tax  as
32    an   additional   charge,  which  charge  may  be  stated  in
33    combination,  in  a  single  amount,  with  State  tax   that
34    servicemen  are  authorized  to collect under the Service Use
 
HB0702 Enrolled             -12-               LRB9103774DHmg
 1    Tax Act, in accordance with such  bracket  schedules  as  the
 2    Department may prescribe.
 3        Whenever  the  Department determines that a refund should
 4    be made under  this  subsection  to  a  claimant  instead  of
 5    issuing  a credit memorandum, the Department shall notify the
 6    State Comptroller, who shall cause the warrant  to  be  drawn
 7    for  the  amount  specified,  and to the person named, in the
 8    notification from the Department.  The refund shall  be  paid
 9    by  the  State Treasurer out of the State Metro-East Park and
10    Recreation District Fund.
11        Nothing  in  this  subsection  shall  be   construed   to
12    authorize  the  board  to  impose a tax upon the privilege of
13    engaging in any business which under the Constitution of  the
14    United  States may not be made the subject of taxation by the
15    State.
16        (c)  The Department shall immediately  pay  over  to  the
17    State  Treasurer,  ex  officio,  as  trustee,  all  taxes and
18    penalties collected under this Section to be  deposited  into
19    the State Metro-East Park and Recreation District Fund, which
20    shall  be  an  unappropriated  trust fund held outside of the
21    State treasury.  On or before the 25th day of  each  calendar
22    month,  the  Department  shall  prepare  and  certify  to the
23    Comptroller the disbursement of stated sums of money pursuant
24    to Section  35  of  this  Act  to  the  District  from  which
25    retailers  have  paid  taxes  or  penalties to the Department
26    during the second preceding calendar month.  The amount to be
27    paid to the District  shall  be  the  amount  (not  including
28    credit  memoranda)  collected  under  this Section during the
29    second preceding calendar month by  the  Department  plus  an
30    amount  the  Department determines is necessary to offset any
31    amounts that were erroneously  paid  to  a  different  taxing
32    body,  and not including (i) an amount equal to the amount of
33    refunds made during the second preceding  calendar  month  by
34    the  Department on behalf of the District and (ii) any amount
 
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 1    that the Department determines is  necessary  to  offset  any
 2    amounts that were payable to a different taxing body but were
 3    erroneously  paid  to  the  District.   Within  10 days after
 4    receipt by the Comptroller of the disbursement  certification
 5    to  the  District provided for in this Section to be given to
 6    the Comptroller by  the  Department,  the  Comptroller  shall
 7    cause  the  orders  to be drawn for the respective amounts in
 8    accordance with directions contained in the certification.
 9        (d)  For  the  purpose  of  determining  whether  a   tax
10    authorized under this Section is applicable, a retail sale by
11    a  producer of coal or another mineral mined in Illinois is a
12    sale at retail at the place where the coal or  other  mineral
13    mined   in  Illinois  is  extracted  from  the  earth.   This
14    paragraph does not apply to coal or another mineral  when  it
15    is  delivered  or shipped by the seller to the purchaser at a
16    point outside Illinois so that the sale is exempt  under  the
17    United States Constitution as a sale in interstate or foreign
18    commerce.
19        (e)  Nothing  in  this  Section  shall  be  construed  to
20    authorize  the  board  to  impose a tax upon the privilege of
21    engaging in any business that under the Constitution  of  the
22    United States may not be made the subject of taxation by this
23    State.
24        (f)  An ordinance imposing a tax under this Section or an
25    ordinance  extending the imposition of a tax to an additional
26    county or counties shall be certified by the board and  filed
27    with  the  Department  of Revenue either (i) on or before the
28    first day of April, whereupon the Department shall proceed to
29    administer and enforce the tax as of the first  day  of  July
30    next following the filing; or (ii) on or before the first day
31    of   October,  whereupon  the  Department  shall  proceed  to
32    administer and enforce the tax as of the first day of January
33    next following the filing.
34        (g)  When certifying the amount of a monthly disbursement
 
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 1    to the District under  this  Section,  the  Department  shall
 2    increase  or  decrease  the amounts by an amount necessary to
 3    offset any  misallocation  of  previous  disbursements.   The
 4    offset  amount  shall  be  the  amount  erroneously disbursed
 5    within the previous 6 months from the time a misallocation is
 6    discovered.

 7        Section 35. Allocation of moneys  collected.   The  taxes
 8    authorized  by  Section  30 of this Act shall be allocated as
 9    follows:
10        (1)  Fifty percent of the  amounts  collected  from  each
11    county  shall  be  returned  to  the  Metro-East District for
12    distribution by the District to each  respective  county  for
13    park  and  recreation purposes, except that not less than 50%
14    of the amount returned to the county shall be  allocated  for
15    distribution  annually  to  park districts and municipal park
16    and recreation departments within the county in the  form  of
17    grants.  Each  county in the District shall establish a grant
18    commission  of  not  less   than   3   members   with   equal
19    representation  from  the county board and municipalities and
20    park districts in the county.   The  grant  commission  shall
21    award  grants  to  park districts and municipalities for park
22    and recreation purposes.
23        (2)  Fifty percent of the  amounts  collected  from  each
24    county  shall  be retained by the District for deposit by the
25    District into the Metro-East  Park  and  Recreation  District
26    Fund.

27        Section  40.  Bonds.   The  board of the District created
28    under this Act may issue and sell revenue bonds, payable from
29    the revenue derived from taxes imposed under Section 30,  for
30    any of the purposes enumerated in this Act or for the purpose
31    of  refunding  any revenue bonds theretofore issued from time
32    to time when considered  necessary  or  advantageous  in  the
 
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 1    public  interest.   These  bonds  shall  be  authorized by an
 2    ordinance without submission thereof to the electors  of  the
 3    District,  shall  mature  at  any time not to exceed 40 years
 4    from the date of issue, shall bear any rate of  interest  not
 5    to   exceed   the   maximum   rate  authorized  by  the  Bond
 6    Authorization Act, as amended at the time of  the  making  of
 7    the  contract,  that the board may determine, and may be sold
 8    by the board in any manner that it deems best in  the  public
 9    interest.  However, the bonds shall be sold at any price that
10    the interest cost of the proceeds therefrom will  not  exceed
11    the maximum rate authorized by the Bond Authorization Act, as
12    amended  at  the time of the making of the contract, based on
13    the average maturity of the bonds and computed  according  to
14    standard tables of bond values.  No member of the board shall
15    have  any  personal  economic interest in any bonds issued in
16    accordance with this Section.
17        The board of the District, when availing  itself  of  the
18    provisions   of   this  Section,  shall  adopt  an  ordinance
19    describing in a general way the purposes for which the  bonds
20    will be issued. The ordinance shall fix the amount of revenue
21    bonds proposed to be issued, the maturity, interest rate, and
22    all  details  in respect thereof, including any provision for
23    redemption prior to maturity, with or  without  premium,  and
24    upon any notice that may be provided by the ordinance.
25        Revenue  bonds  issued under this Section shall be signed
26    by the chairman and secretary  of  the  board  or  any  other
27    officers  that  the board may by ordinance direct to sign the
28    bonds, and shall be payable from revenue derived  from  taxes
29    imposed  under  Section 30.  These bonds may not in any event
30    constitute an indebtedness of the District within the meaning
31    of any constitutional provision or limitation.  It  shall  be
32    plainly  written or printed on the face of each bond that the
33    bond has been issued under the provisions  of  this  Section,
34    that  the  bond,  including  the interest thereon, is payable
 
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 1    from the revenue pledged to the payment thereof, and that  it
 2    does  not  constitute  an  indebtedness  or obligation of the
 3    District  within  the  meaning  of  any   constitutional   or
 4    statutory  limitation  or  provision.   No holder of any such
 5    revenue bond may compel any exercise of the taxing  power  of
 6    the District to pay the bond or interest thereon.
 7        The  District  may not issue any bonds under this Section
 8    unless a public hearing, with adequate notice to the  public,
 9    is  held  prior  to  the issuance of the bonds. Notice of the
10    hearing giving the purpose, time, and place  of  the  hearing
11    shall  be  published at least once, not more than 30 nor less
12    than 15 days before the hearing, in one  or  more  newspapers
13    published in the District.

14        Section  45.  Report.  The board shall, by the end of the
15    District's fiscal year, submit  a  financial  report  to  the
16    State Comptroller.

17        Section   900.  The  Property  Tax  Code  is  amended  by
18    changing Section 15-105 as follows:

19        (35 ILCS 200/15-105)
20        Sec.  15-105.   Park  and  conservation  districts.   All
21    property  within  a  park  or  conservation   district   with
22    2,000,000  or  more inhabitants and owned by that district is
23    exempt, as is all property located outside the  district  but
24    owned  by  it  and used as a nursery, garden, or farm for the
25    growing of shrubs, trees,  flowers  and  plants  for  use  in
26    beautifying,  maintaining  and  operating playgrounds, parks,
27    parkways, public grounds, and buildings owned  or  controlled
28    by the district.
29        Also  exempt  is  all  property  belonging to any park or
30    conservation district with less than  2,000,000  inhabitants,
31    and all property leased to a park district for $1 or less per
 
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 1    year  and  used  exclusively  as  open space for recreational
 2    purposes, not exceeding 20 acres in the  aggregate  for  each
 3    district.
 4        Also  exempt is all property belonging to a park district
 5    organized pursuant to  the  Metro-East  Park  and  Recreation
 6    District Act.
 7    (Source: P.A. 78-371; 88-455.)

 8        Section 999.  Effective date.  This Act takes effect upon
 9    becoming law.

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