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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0417 Introduced , by Rep. Lawrence M. Walsh, Jr. SYNOPSIS AS INTRODUCED:
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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 |
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Amends the Park District Code, the Conservation District Act, and the Downstate Forest Preserve District Act. Increases the amount of contracts requiring competitive bidding for supplies, materials, and work from $20,000 to $25,000. Effective immediately.
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| | A BILL FOR |
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| | HB0417 | | LRB099 03888 AWJ 23904 b |
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| 1 | | AN ACT concerning local government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Conservation District Act is amended by |
| 5 | | changing Section 6 as follows:
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| 6 | | (70 ILCS 410/6) (from Ch. 96 1/2, par. 7106)
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| 7 | | Sec. 6. Officers and employees. As soon as possible after |
| 8 | | the initial
election or the initial appointments, as the case |
| 9 | | may be, the trustees shall organize
by selecting from their |
| 10 | | members a president, secretary, treasurer, and
other officers |
| 11 | | as are deemed necessary, who shall hold office for 2 years in
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| 12 | | the case of an elected board, or the
fiscal year in which |
| 13 | | elected in the case of an appointed board, and until their |
| 14 | | successors are selected and
qualify. Three trustees shall |
| 15 | | constitute a quorum of the board for the
transaction of |
| 16 | | business if the district has 5 trustees. If the
district has 7 |
| 17 | | trustees, 4 trustees shall constitute a quorum of the board
for |
| 18 | | the transaction of business. The board shall hold regular |
| 19 | | monthly
meetings. Special meetings may be called by the |
| 20 | | president and shall be called
on the request of a majority of |
| 21 | | members, as may be required.
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| 22 | | The board shall provide for the proper and safe keeping of |
| 23 | | its permanent
records and for the recording of the corporate |
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| 1 | | action of the district. It
shall keep a proper system of |
| 2 | | accounts showing a true and accurate record
of its receipts and |
| 3 | | disbursements, and it shall cause an annual audit to be
made of |
| 4 | | its books, records, and accounts.
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| 5 | | The records of the district shall be subject to public |
| 6 | | inspection at all
reasonable hours and under regulations as the |
| 7 | | board may prescribe.
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| 8 | | The district shall annually make a full and complete report |
| 9 | | to the
county board of each county within the district and to |
| 10 | | the Department of Natural Resources of its transactions and
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| 11 | | operations for the preceding year. The report shall contain a |
| 12 | | full statement
of its receipts, disbursements, and the program |
| 13 | | of work for the period covered,
and may include recommendations |
| 14 | | as may be deemed advisable.
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| 15 | | Executive or ministerial duties may be delegated to one or |
| 16 | | more trustees
or to an authorized officer, employee, agent, |
| 17 | | attorney, or other
representative of the district.
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| 18 | | All officers and employees authorized to receive or retain |
| 19 | | the custody
of money or to sign vouchers, checks, warrants, or |
| 20 | | evidences of indebtedness
binding upon the district shall |
| 21 | | furnish surety bond for the faithful
performance of their |
| 22 | | duties and the faithful accounting for all moneys that
may come |
| 23 | | into their hands in an amount to be fixed and in a form to be
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| 24 | | approved by the board.
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| 25 | | All contracts for supplies, material, or work involving an |
| 26 | | expenditure in
excess of $25,000 $20,000 shall be let to the |
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| 1 | | lowest responsible bidder, after due
advertisement, excepting |
| 2 | | work requiring personal confidence or necessary
supplies under |
| 3 | | the control of monopolies, where competitive bidding is
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| 4 | | impossible. All contracts for supplies, material, or work shall |
| 5 | | be signed by
the president of the board and by any other |
| 6 | | officer as the board in
its discretion may designate.
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| 7 | | (Source: P.A. 94-454, eff. 8-4-05; 95-54, eff. 8-10-07.)
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| 8 | | Section 10. The Downstate Forest Preserve District Act is |
| 9 | | amended by changing Section 8 as follows:
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| 10 | | (70 ILCS 805/8) (from Ch. 96 1/2, par. 6315)
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| 11 | | Sec. 8. Powers and duties of corporate authority and |
| 12 | | officers; contracts; salaries.
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| 13 | | (a) The board shall be the corporate authority of such |
| 14 | | forest
preserve district and shall have power to pass and |
| 15 | | enforce all necessary
ordinances, rules and regulations for the |
| 16 | | management of the property and
conduct of the business of such |
| 17 | | district. The president of such board
shall have power to |
| 18 | | appoint such employees as may be necessary. In counties
with |
| 19 | | population of less than 3,000,000, within 60 days after their |
| 20 | | selection
the commissioners appointed under the provisions of |
| 21 | | Section 3a of this Act
shall organize by selecting from their |
| 22 | | members a president, secretary,
treasurer and such other |
| 23 | | officers as are deemed necessary who shall hold
office for the |
| 24 | | fiscal year in which elected and until their successors are
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| 1 | | selected and qualify. In the one district in existence on July |
| 2 | | 1, 1977, that
is managed by an appointed board of |
| 3 | | commissioners, the incumbent president
and the other officers |
| 4 | | appointed in the manner as originally prescribed in this
Act |
| 5 | | shall hold such offices until the completion of their |
| 6 | | respective terms or
in the case of the officers other than |
| 7 | | president until their successors
are appointed by said |
| 8 | | president, but in all cases not to extend beyond January
1, |
| 9 | | 1980 and until their successors are selected and qualify. |
| 10 | | Thereafter,
the officers shall be selected in the manner as |
| 11 | | prescribed in this Section
except that their first term of |
| 12 | | office shall not expire until June 30, 1981
and until their |
| 13 | | successors are selected and qualify.
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| 14 | | (b) In any county, city, village, incorporated town or
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| 15 | | sanitary district where the corporate authorities act as the
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| 16 | | governing body of a forest preserve district, the person |
| 17 | | exercising
the powers of the president of the board shall have |
| 18 | | power to appoint a
secretary and an assistant secretary and |
| 19 | | treasurer and an assistant
treasurer and such other officers |
| 20 | | and such employees as may be necessary.
The assistant secretary |
| 21 | | and assistant treasurer shall perform the duties
of the |
| 22 | | secretary and treasurer, respectively in case of death of such |
| 23 | | officers
or when such officers are unable to perform the duties |
| 24 | | of their respective
offices. All contracts for supplies, |
| 25 | | material 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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| 1 | | advertising at least once in one or more
newspapers of general |
| 2 | | circulation within the district, excepting work
requiring |
| 3 | | personal confidence or necessary
supplies under the control of |
| 4 | | monopolies, where competitive bidding is
impossible. Contracts |
| 5 | | for supplies, material or work involving an
expenditure of |
| 6 | | $25,000 $20,000 or less may be let without advertising for |
| 7 | | bids,
but whenever practicable, at least 3 competitive bids |
| 8 | | shall be obtained
before letting such contract. All contracts |
| 9 | | for supplies, material or
work shall be signed by the president |
| 10 | | of the board of commissioners or
by any such other officer as |
| 11 | | the board in its discretion may designate.
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| 12 | | (c) The president of any board of commissioners appointed |
| 13 | | under the
provisions of Section 3a of this Act shall receive a |
| 14 | | salary not to
exceed the sum of $2500 per annum and the salary |
| 15 | | of other members of the
board so appointed shall not exceed |
| 16 | | $1500 per annum. Salaries of the
commissioners, officers and |
| 17 | | employees shall be fixed by ordinance.
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| 18 | | (d) Whenever a forest preserve district owns any personal |
| 19 | | property that, in the opinion of three-fifths of the members of |
| 20 | | the board of commissioners, is no longer necessary, useful to, |
| 21 | | or for the best interests of the forest preserve district, then |
| 22 | | three-fifths of the members of the board, at any regular |
| 23 | | meeting or any special meeting called for that purpose by an |
| 24 | | ordinance or resolution that includes a general description of |
| 25 | | the personal property, may authorize the conveyance or sale of |
| 26 | | that personal property in any manner that they may designate, |
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| 1 | | with or without advertising the sale. |
| 2 | | (Source: P.A. 97-851, eff. 7-26-12; 98-463, eff. 8-16-13.)
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| 3 | | Section 15. The Park District Code is amended by changing |
| 4 | | Section 8-1 as follows:
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| 5 | | (70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
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| 6 | | Sec. 8-1. General corporate powers.
Every park district |
| 7 | | shall, from the time of its
organization, be a body corporate |
| 8 | | and politic by the name set forth
in the petition for its |
| 9 | | organization, the specific name set forth in this Code, or the |
| 10 | | name it may adopt under
Section 8-9 and shall have and exercise |
| 11 | | the following powers:
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| 12 | | (a) To adopt a corporate seal and alter the same at |
| 13 | | pleasure; to sue
and be sued; and to contract in furtherance of |
| 14 | | any of its corporate purposes.
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| 15 | | (b) (1) To acquire by gift, legacy, grant or purchase, or |
| 16 | | by
condemnation in the manner provided for the exercise of the |
| 17 | | power of eminent
domain under the Eminent Domain Act, any and |
| 18 | | all real estate, or
rights therein necessary for building, |
| 19 | | laying out, extending, adorning
and maintaining any such parks, |
| 20 | | boulevards and driveways, or for
effecting any of the powers or |
| 21 | | purposes granted under this Code as its
board may deem proper, |
| 22 | | whether such lands be located within or without such
district; |
| 23 | | but no park district, except as provided in paragraph (2) of |
| 24 | | this
subsection, shall have any power of condemnation in the |
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| 1 | | manner provided for the
exercise of the power of eminent domain |
| 2 | | under the Eminent Domain Act or otherwise as to any real
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| 3 | | estate, lands, riparian rights or estate, or other property |
| 4 | | situated outside of
such district, but shall only have power to |
| 5 | | acquire the same by gift, legacy,
grant or purchase, and such |
| 6 | | district shall have the same control of and power
over lands so |
| 7 | | acquired without the district as over parks, boulevards and
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| 8 | | driveways within such district.
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| 9 | | (2) In addition to the powers granted in paragraph (1) of |
| 10 | | subsection (b),
a park district located in more than one |
| 11 | | county, the majority of its territory
located in a county over |
| 12 | | 450,000 in population and none of its territory
located in a |
| 13 | | county over 1,000,000 in population, shall have condemnation
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| 14 | | power in the manner provided for the exercise of the power of |
| 15 | | eminent domain
under the Eminent Domain Act
or as otherwise |
| 16 | | granted by law
as to any and all real estate situated up to one |
| 17 | | mile outside of such district
which is not within the |
| 18 | | boundaries of another park district.
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| 19 | | (c) To acquire by gift, legacy or purchase any personal |
| 20 | | property necessary
for its corporate purposes provided that all |
| 21 | | contracts for supplies, materials
or work involving an |
| 22 | | expenditure in excess of $25,000 $20,000 shall be let to the
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| 23 | | lowest responsible bidder after due advertisement. No district |
| 24 | | shall be required to accept a bid that does not meet the |
| 25 | | district's established specifications, terms of
delivery, |
| 26 | | quality, and serviceability requirements. Contracts which, by |
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| 1 | | their nature, are not adapted to award by competitive
bidding, |
| 2 | | such as contracts for the services of individuals
possessing a |
| 3 | | high degree of professional skill where the ability or
fitness |
| 4 | | of the individual plays an important part, contracts for the
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| 5 | | printing of finance committee reports and departmental |
| 6 | | reports,
contracts for the printing or engraving of bonds, tax |
| 7 | | warrants and other
evidences of indebtedness, contracts for |
| 8 | | utility services such as water,
light, heat, telephone or |
| 9 | | telegraph, contracts for the use, purchase,
delivery, |
| 10 | | movement, or installation of data processing equipment, |
| 11 | | software, or
services and telecommunications and interconnect |
| 12 | | equipment, software, or
services, contracts for duplicating |
| 13 | | machines and supplies, contracts for goods
or services procured |
| 14 | | from another governmental agency, purchases of equipment
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| 15 | | previously owned by some entity other than the district itself, |
| 16 | | and
contracts for the purchase of magazines, books, |
| 17 | | periodicals, pamphlets and
reports are not subject to |
| 18 | | competitive bidding. Contracts for emergency expenditures are |
| 19 | | also exempt from competitive bidding when the
emergency |
| 20 | | expenditure is approved by 3/4 of the members of the board.
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| 21 | | All competitive bids for contracts involving an |
| 22 | | expenditure in excess of $25,000
$20,000 must be sealed by the |
| 23 | | bidder and must be opened by a member or employee
of the park |
| 24 | | board at a public bid opening at which the contents of the bids
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| 25 | | must be announced. Each bidder must receive at least 3 days |
| 26 | | notice of the
time and place of the bid opening.
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| 1 | | For purposes of this subsection, "due advertisement" |
| 2 | | includes, but is not
limited to, at least one public notice at |
| 3 | | least 10 days before the bid date in
a newspaper published in |
| 4 | | the district or, if no newspaper is published in the
district, |
| 5 | | in a newspaper of general circulation in the area of the |
| 6 | | district.
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| 7 | | (d) To pass all necessary ordinances, rules and regulations |
| 8 | | for the
proper management and conduct of the business of the |
| 9 | | board and district
and to establish by ordinance all needful |
| 10 | | rules and regulations for the
government and protection of |
| 11 | | parks, boulevards and driveways and other
property under its |
| 12 | | jurisdiction, and to effect the objects for which
such |
| 13 | | districts are formed.
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| 14 | | (e) To prescribe such fines and penalties for the violation |
| 15 | | of
ordinances as it shall deem proper not exceeding $1,000 for |
| 16 | | any
one
offense, which fines and penalties may be recovered by |
| 17 | | an action in the name
of such district in the circuit court for |
| 18 | | the county in which such
violation occurred. The park district |
| 19 | | may also seek in the action, in
addition to or instead of fines |
| 20 | | and penalties, an order that the offender
be required to make |
| 21 | | restitution for damage resulting from violations, and
the court |
| 22 | | shall grant such relief where appropriate. The procedure in
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| 23 | | such actions shall be the same as that provided by law for like |
| 24 | | actions for the
violation of ordinances in cities organized |
| 25 | | under the general laws of this
State, and offenders may be |
| 26 | | imprisoned for non-payment of fines and costs in
the same |
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| 1 | | manner as in such cities. All fines when collected shall be |
| 2 | | paid into
the treasury of such district.
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| 3 | | (f) To manage and control all officers and property of such
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| 4 | | districts and to provide for joint ownership with one or more |
| 5 | | cities,
villages or incorporated towns of real and personal |
| 6 | | property used for
park purposes by one or more park districts. |
| 7 | | In case of joint ownership,
the terms of the agreement shall be |
| 8 | | fair, just and equitable to all
parties and shall be set forth |
| 9 | | in a written agreement entered into by
the corporate |
| 10 | | authorities of each participating district, city, village
or |
| 11 | | incorporated town.
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| 12 | | (g) To secure grants and loans, or either, from the United |
| 13 | | States
Government, or any agency or agencies thereof, for |
| 14 | | financing the
acquisition or purchase of any and all real |
| 15 | | estate, or rights therein,
or for effecting any of the powers |
| 16 | | or purposes granted under this Code
as its Board may deem |
| 17 | | proper.
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| 18 | | (h) To establish fees for the use of facilities and |
| 19 | | recreational programs of
the districts and to derive revenue |
| 20 | | from non-resident fees from their
operations. Fees charged |
| 21 | | non-residents of such district need not be the same as
fees |
| 22 | | charged to residents of the district. Charging fees or deriving |
| 23 | | revenue
from the facilities and recreational programs shall not |
| 24 | | affect the right to
assert or utilize any defense or immunity, |
| 25 | | common law or statutory, available
to the districts or their |
| 26 | | employees.
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| 1 | | (i) To make contracts for a term exceeding one year, but |
| 2 | | not to exceed
3 years, notwithstanding any provision of this |
| 3 | | Code to the contrary,
relating to: (1) the employment of a park |
| 4 | | director, superintendent,
administrator, engineer, health |
| 5 | | officer, land planner, finance director,
attorney, police |
| 6 | | chief, or other officer who requires technical training or
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| 7 | | knowledge; (2) the employment of outside professional |
| 8 | | consultants such as
engineers, doctors, land planners, |
| 9 | | auditors, attorneys, or other
professional consultants who |
| 10 | | require technical training or knowledge; (3)
the provision of |
| 11 | | data processing equipment and services; and (4) the purchase of |
| 12 | | energy from a utility or an alternative retail electric |
| 13 | | supplier. With respect to
any contract made under this |
| 14 | | subsection (i), the corporate authorities
shall include in the |
| 15 | | annual appropriation ordinance for each fiscal year an
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| 16 | | appropriation of a sum of money sufficient to pay the amount |
| 17 | | which, by the
terms of the contract, is to become due and |
| 18 | | payable during that fiscal year.
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| 19 | | (j) To enter into licensing or management agreements with |
| 20 | | not-for-profit
corporations organized under the laws of this |
| 21 | | State to operate park district
facilities if the corporation |
| 22 | | covenants to use the facilities to provide public
park or |
| 23 | | recreational programs for youth.
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| 24 | | (Source: P.A. 98-325, eff. 8-12-13; 98-772, eff. 7-16-14.)
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| 25 | | Section 99. Effective date. This Act takes effect upon |
| 26 | | becoming law.
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