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| [ Senate Amendment 002 ] |
91_HB0702sam001
LRB9103774MWgcam02
1 AMENDMENT TO HOUSE BILL 702
2 AMENDMENT NO. . Amend House Bill 702 by replacing
3 the title with the following:
4 "AN ACT to create the the Metro-East Park and Recreation
5 District Act."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 1. Short title. This Act may be cited as the
9 Metro-East Park and Recreation District Act.
10 Section 5. Definitions. In this Act:
11 "Board" means the board of directors of a metro-east park
12 and recreation district
13 "Chief executive officer" means the chairman of the
14 county board of a county.
15 "County" means Madison, St. Clair, Monroe, Clinton, or
16 Jersey County.
17 "District" or "metro-east district" means a metro-east
18 park district created under this Act.
19 "Governing body" means a county board.
20 "Metro-east park and recreation fund" means the fund held
21 in the treasury of the county providing the largest financial
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1 contribution to a district, as appropriate, that is the
2 repository for all taxes and other moneys raised by or for
3 the district under this Act.
4 "Metro-east region" means Madison, St. Clair, Monroe,
5 Clinton, and Jersey Counties.
6 "Park district" means a park district organized under the
7 Park District Code.
8 Section 10. Creation of metro-east park and recreation
9 district.
10 (a) A metro-east park and recreation district may be
11 created, incorporated, and managed under this Section and may
12 exercise the powers given to the district under this Act. Any
13 county may be included in a metro-east district if the voters
14 in the county or counties to be included in the district vote
15 to be included in the district. Any recreation system or
16 public parks system that exists within a metro-east district
17 created under this Section shall remain in existence with the
18 same powers and responsibilities it had prior to the creation
19 of the metro-east district. Nothing in this Section shall be
20 construed in any manner to limit or prohibit:
21 (1) later establishment or cessation of any park or
22 recreation system provided for by law; or
23 (2) any powers and responsibilities of any park or
24 recreation system provided for by law.
25 (b) When a metro-east district is organized, it shall be
26 a body corporate and a political subdivision of this State,
27 and the district shall be known as the "Metro-East Park and
28 Recreation District", and in that name may sue and be sued,
29 issue general revenue bonds, and levy and collect taxes or
30 fees under this Act.
31 (c) The metro-east district shall have as its primary
32 duty the development, operation, and maintenance of a public
33 system of interconnecting trails and parks throughout the
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1 counties comprising the district. The metro-east district
2 shall supplement but shall not substitute for the powers and
3 responsibilities of the other parks and recreation systems
4 within the metro-east district and shall have the power to
5 contract with other parks and recreation systems as well as
6 with other public and private entities.
7 Section 15. Creation of district; referendum.
8 (a) The governing body of a county may, by resolution,
9 elect to form a metro-east park and recreation district
10 within the county. The district may not be formed until the
11 question of the formation of the district has been submitted
12 to the electors of the county at a regular election and
13 approved by a majority of the electors voting on the
14 question. The governing body must certify the question to
15 the proper election authority, which must submit the question
16 at an election in accordance with the Election Code.
17 The question must be submitted in substantially the
18 following form:
19 Shall there be organized in (name of county) a metro-east
20 park and recreation district for the purposes of
21 improving water quality; increasing park safety;
22 providing neighborhood trails; improving, restoring, and
23 expanding parks; providing disabled and expanded public
24 access to recreational areas; preserving natural lands
25 for wildlife; and maintaining other recreation grounds
26 within the boundaries of the metro-east park and
27 recreation district; and shall (name of county) join the
28 other counties in the metro-east region that approve the
29 formation of a metro-east park and recreation district in
30 the respective counties to form one metro-east park and
31 recreation district, with the authority to levy a tax for
32 the purposes stated above at (insert rate), with 50% of
33 the revenue going to the metro-east park and recreation
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1 district and 50% of the revenue returned to the county
2 from which the tax was collected?
3 The votes must be recorded as "Yes" or "No"
4 In a proposed metro-east district that consists of only
5 one county, if a majority of the electors in that county
6 voting on the question vote in the affirmative, the
7 metro-east district may be organized. In a proposed
8 metro-east district that consists of more than one county, if
9 a majority of the electors in any county proposed for
10 inclusion in the district voting on the question vote in the
11 affirmative, the metro-east district may be organized and
12 that county may be included in the district.
13 (b) After a metro-east district has been created, any
14 county eligible for inclusion in the metro-east district may
15 join the district after the county submits the question of
16 joining the district to the electors of the county at a
17 regular election. The county board must submit the question
18 to the proper election authority, which must submit the
19 question at an election in accordance with the Election Code.
20 The question must be submitted in substantially the
21 following form:
22 Shall (name of county) join the Metro-East Park and
23 Recreation District with the authority levy a tax at
24 (insert rate), with 50% of the revenue going to the
25 Metro-East Park and Recreation District and 50% of the
26 revenue returned to the county from which the tax was
27 collected?
28 The votes must be recorded as "Yes" or "No".
29 If a majority of the electors voting on the question vote
30 in the affirmative, the county shall be included in the
31 district.
32 Section 20. Board of directors.
33 (a) If a metro-east district is organized in only one
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1 county, the district shall be managed by a board of directors
2 consisting of 3 members. Two members shall be appointed by
3 the chief executive officer, with the advice and consent of
4 the county board, of the county in which the district is
5 located, and one member shall be appointed by the minority
6 members of county board with the advice and consent of the
7 county board. The first appointment shall be made within 90
8 days and not sooner than 60 days after the district has been
9 organized. Each member of the board so appointed shall be a
10 legal voter in the district. The first directors shall be
11 appointed to hold office for terms of one, 2, and 3 years,
12 and until June 30 thereafter, respectively, as determined by
13 lot. Thereafter, successors shall be appointed in the same
14 manner no later than the first day of the month in which the
15 term of a director expires. All terms expire if another
16 county joins the district.
17 A vacancy occurring otherwise than by expiration of term
18 shall be filled in the same manner as the original
19 appointment.
20 (b) If a metro-east district is organized in more than
21 one county, each county shall be represented by a certain
22 number of board members. The board members shall be
23 distributed as follows:
24 (1) The chief executive officer, with the advice and
25 consent of the county board, of St. Clair county shall
26 appoint 2 members and the minority members of the county
27 board, with the advice and consent of the county board,
28 shall appoint one member.
29 (2) The chief executive officer, with the advice and
30 consent of the county board, of Madison County shall
31 appoint 2 members and the minority members of the county
32 board, with the advice and consent of the county board,
33 shall appoint one member.
34 (3) The chief executive officer, with the advice and
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1 consent of the county board, of Clinton County shall
2 appoint one member.
3 (4) The chief executive officer, with the advice and
4 consent of the county board, of Jersey County shall
5 appoint one member.
6 (5) The chief executive officer, with the advice and
7 consent of the county board, of Monroe County shall
8 appoint one member.
9 The board members shall serve 3-year terms, except that
10 board members first appointed shall be appointed to serve
11 terms of one, 2, or 3 years as determined by lot, provided
12 that board members from counties eligible to appoint more
13 than one member may not serve identical initial terms. On
14 the expiration of the initial terms of appointment and on the
15 expiration of any subsequent term, the resulting vacancy
16 shall be filled in the same manner as the original
17 appointment. Board members shall serve until their successors
18 are appointed. Board members are eligible for reappointment.
19 (c) No board member may hold a public office in any
20 county within the metro-east district, other than the office
21 of notary public. Board members must be citizens of the
22 United States and they must reside within the county from
23 which they are appointed. No board member may receive
24 compensation for performance of duties as a board member. No
25 board member may be financially interested directly or
26 indirectly in any contract entered into under this Act.
27 (d) Promptly after their appointment, the initial board
28 members shall hold an organizational meeting at which they
29 shall elect a president and any other officers that they deem
30 necessary from among their number. The members shall make and
31 adopt any bylaws, rules, and regulations for their guidance
32 and for the government of the parks, neighborhood trails, and
33 recreational grounds and facilities that may be expedient and
34 not inconsistent with this Act.
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1 (5) Board members shall have the exclusive control of the
2 expenditures of all money collected to the credit of the
3 metro-east park and recreation fund created pursuant to
4 Section 35, and of the supervision, improvement, care, and
5 custody of public parks, neighborhood trails, recreational
6 facilities, and grounds owned, maintained, or managed by the
7 metro-east district. All moneys received for those purposes
8 shall be deposited in the treasury of the county providing
9 the largest financial contribution to the district to the
10 credit of the metro-east park and recreation fund and shall
11 be kept separate and apart from the other moneys of the
12 county. The board shall have power to purchase or otherwise
13 secure ground to be used for parks, neighborhood trails,
14 recreational facilities, and grounds; shall have power to
15 appoint suitable persons to maintain the parks, neighborhood
16 trails, recreational grounds, and facilities and to
17 administer recreational programs and to fix their
18 compensation; and shall have power to remove those
19 appointees. The board shall keep accurate records of all its
20 proceedings and actions and shall comply with the provisions
21 of the Open Meetings Act and the Freedom of Information Act.
22 Section 25. Powers and duties.
23 (a) A metro-east park and recreation district has the
24 power to:
25 (1) issue bonds, notes, or other obligations for
26 any of the purposes of the district, and to refund the
27 bonds, notes, or obligations, as provided in Section 40;
28 (2) contract, as provided by law, with public and
29 private entities or individuals both within and without
30 the State and contract with the United States or any
31 agency thereof in furtherance of any of the purposes of
32 the district;
33 (3) own, hold, control, lease, purchase from
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1 willing sellers, contract, and sell any and all rights in
2 land, buildings, improvements, and any and all other
3 real, personal, or mixed property, provided that real
4 property within a county may be purchased by the district
5 only if a majority of the board members from the county
6 in which the real property is located consent to the
7 acquisition;
8 (4) receive property, both real and personal, or
9 money that has been granted, donated, devised, or
10 bequeathed to the district;
11 (5) establish and collect reasonable charges for
12 the use of the facilities of the district; and
13 (6) maintain an office and staff at any place or
14 places in this State that it may designate and conduct
15 any business and operations that are necessary to fulfill
16 the district's duties under this Section.
17 (b) When a public highway, street, or road extends into
18 or through a public trail, trail area, or park area of a
19 metro-east district, or when a public highway, street, or
20 road forms all or part of a suitable connection between 2 or
21 more public trails, trail areas, or park areas within a
22 metro-east district, and it is advisable by the board to make
23 alterations in the route or width of the highway or to grade,
24 drain, pave, or otherwise improve the highway, the board may
25 enter into agreements, consistent with the purposes of the
26 metro-east district, with the public agency in control of the
27 portion of the highway, street, or road that lies within any,
28 or forms any part of, a connecting link to and between any
29 public trail, trail area, or park area of a metro-east
30 district. Any agreement with any public agency must be
31 consistent with the provisions of the Intergovernmental
32 Cooperation Act.
33 This subsection does not alter the legal status of the
34 highway, street, or road in any way.
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1 (c) The metro-east district does not have any power of
2 eminent domain.
3 Section 30. Taxes.
4 (a) The board shall levy a Retailers' Occupation Tax upon
5 all persons engaged in the business of selling tangible
6 personal property in the district. The amount of the tax
7 levied may not exceed the rate of one-tenth of one percent on
8 the gross receipts of all taxable sales made in the course of
9 that business.
10 The tax imposed under this Section and all civil
11 penalties that may be assessed as an incident thereof shall
12 be collected and enforced by the State Department of Revenue.
13 The Department shall have full power to administer and
14 enforce this Section; to collect all taxes and penalties so
15 collected in the manner hereinafter provided; and to
16 determine all rights to credit memoranda arising on account
17 of the erroneous payment of tax or penalty hereunder. In the
18 administration of, and compliance with this Section, the
19 Department and persons who are subject to this Section shall
20 have the same rights, remedies, privileges, immunities,
21 powers and duties, and be subject to the same conditions,
22 restrictions, limitations, penalties, exclusions, exemptions
23 and definitions of terms, and employ the same modes of
24 procedure, as are prescribed in Sections 1, la, la-1, lc, ld,
25 le, lf, li, lj, 2 through 2-65 (in respect to all provisions
26 therein other than the State rate of tax), 2c, 3 (except as
27 to the disposition of taxes and penalties collected), 4, 5,
28 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 51, 6, 6a, 6b,
29 6c, 7, 8, 9, 10, 11, 12 and 13 of the Retailers' Occupation
30 Tax Act and Section 3-7 of the Uniform Penalty and Interest
31 Act, as fully as if those provisions were set forth herein.
32 Persons subject to any tax imposed under the authority
33 granted in this Section may reimburse themselves for their
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1 seller's tax liability hereunder by separately stating the
2 tax as an additional charge, which charge may be stated in
3 combination in a single amount with State taxes that sellers
4 are required to collect under the Use Tax Act, under any
5 bracket schedules the Department may prescribe.
6 If a tax is imposed under this subsection (a), a tax
7 shall also be imposed under subsections (b) and (c) of this
8 Section.
9 Nothing in this Section shall be construed to authorize
10 the district to impose a tax upon the privilege of engaging
11 in any business that under the Constitution of the United
12 States may not be made the subject of taxation by this State.
13 (b) If a tax has been imposed under subsection (a), a
14 tax shall also be imposed upon all persons engaged in the
15 district in the business of making sales of service who, as
16 an incident to making the sales of service, transfer tangible
17 personal property within the district, either in the form of
18 tangible personal property or in the form of real estate as
19 an incident to a sale of service.
20 The rate shall be one-tenth of one percent on the selling
21 price of all tangible personal property transferred.
22 The tax imposed under this subsection and all civil
23 penalties that may be assessed as an incident thereof shall
24 be collected and enforced by the State Department of Revenue.
25 The Department shall have full power to administer and
26 enforce this subsection; to collect all taxes and penalties
27 due hereunder; to dispose of taxes and penalties collected in
28 the manner hereinafter provided; and to determine all rights
29 to credit memoranda arising on account of the erroneous
30 payment of tax or penalty hereunder. In the administration
31 of and compliance with this paragraph, the Department and
32 persons who are subject to this paragraph shall have the same
33 rights, remedies, privileges, immunities, powers and duties,
34 and be subject to the same conditions, restrictions,
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1 limitations, penalties, exclusions, exemptions and
2 definitions of terms, and employ the same modes of procedure,
3 as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in
4 respect to all provisions therein other than the State rate
5 of tax), 4 (except that the reference to the State shall be
6 to the district), 5, 7, 8 (except that the jurisdiction to
7 which the tax shall be a debt to the extent indicated in that
8 Section 8 shall be the district), 9 (except as to the
9 disposition of taxes and penalties collected, and except that
10 the returned merchandise credit for this tax may not be taken
11 against any State tax), 10, 11, 12 (except the reference
12 therein to Section 2b of the Retailers' Occupation Tax Act),
13 13 (except that any reference to the State shall mean the
14 district), the first paragraph of Section 15, 16, 17, 18, 19
15 and 20 of the Service Occupation Tax Act and Section 3-7 of
16 the Uniform Penalty and Interest Act, as fully as if those
17 provisions were set forth herein.
18 Persons subject to any tax imposed under the authority
19 granted in this subsection may reimburse themselves for their
20 serviceman's tax liability hereunder by separately stating
21 the tax as an additional charge, that charge may be stated in
22 combination in a single amount with State tax that servicemen
23 are authorized to collect under the Service Use Tax Act,
24 under any bracket schedules the Department may prescribe.
25 Nothing in this paragraph shall be construed to authorize
26 the district to impose a tax upon the privilege of engaging
27 in any business that under the Constitution of the United
28 States may not be made the subject of taxation by the State.
29 (c) If a tax has been imposed under subsection (a), a
30 tax shall also be imposed upon the privilege of using in the
31 district any item of tangible personal property that is
32 purchased outside the district at retail from a retailer and
33 that is titled or registered with an agency of this State's
34 government.
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1 The tax rate shall be one-tenth of one percent on the
2 selling price of the tangible personal property, as "selling
3 price" is defined in the Use Tax Act. The tax shall be
4 collected from persons whose Illinois address for titling or
5 registration purposes is given as being in the district. The
6 tax shall be collected by the Department of Revenue for the
7 district. The tax must be paid to the State, or an exemption
8 determination must be obtained from the Department of
9 Revenue, before the title or certificate of registration for
10 the property may be issued. The tax or proof of exemption
11 may be transmitted to the Department by way of the State
12 agency with which, or the State officer with whom, the
13 tangible personal property must be titled or registered if
14 the Department and the State agency or State officer
15 determine that this procedure will expedite the processing of
16 applications for title or registration.
17 The Department shall have full power to administer and
18 enforce this subsection; to collect all taxes, penalties and
19 interest due hereunder; to dispose of taxes, penalties and
20 interest collected in the manner hereinafter provided; and to
21 determine all rights to credit memoranda or refunds arising
22 on account of the erroneous payment of tax, penalty or
23 interest hereunder. In the administration of and compliance
24 with this subsection, the Department and persons who are
25 subject to this subsection shall have the same rights,
26 remedies, privileges, immunities, powers and duties, and be
27 subject to the same conditions, restrictions, limitations,
28 penalties, exclusions, exemptions and definitions of terms
29 and employ the same modes of procedure, as are prescribed in
30 Sections 2 (except the definition of "retailer maintaining a
31 place of business in this State"), 3 through 3-80 (except
32 provisions pertaining to the State rate of tax, and except
33 provisions concerning collection or refunding of the tax by
34 retailers), 4, 11, 12, 12a, 14, 15, 19 (except the portions
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1 pertaining to claims by retailers and except the last
2 paragraph concerning refunds), 20, 21 and 22 of the Use Tax
3 Act, and are not inconsistent with this paragraph, as fully
4 as if those provisions were set forth herein.
5 Section 35. Allocation of moneys collected. The taxes
6 authorized by Section 30 of this Act shall be allocated as
7 follows:
8 (1) Fifty percent of the amounts collected from each
9 county shall be returned to that county for park and
10 recreation purposes, except that not less than 50% of the
11 amount returned to the county shall be allocated for
12 distribution annually to park districts and municipal park
13 and recreation departments within the county in the form of
14 grants. Each county in the district shall establish a grant
15 commission of not less than 3 members with equal
16 representation from the county board and municipalities and
17 park districts in the county. The grant commission shall
18 award grants to park districts and municipalities for park
19 and recreation purposes.
20 (2) Fifty percent of the amounts collected from each
21 county shall be returned to the district for deposit into the
22 metro-east park and recreation district fund in the treasury
23 of the county providing the largest financial contribution to
24 the district. Moneys in the metro-east park and recreation
25 district fund shall be kept separate and apart from the other
26 moneys of the county.
27 Section 40. Bonds. The board of any district organized
28 under this Act may issue and sell revenue bonds, payable from
29 the revenue derived from taxes levied 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 any district 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 levied 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.".