SB1271 Enrolled LRB099 03887 AWJ 23903 b
1		AN ACT concerning local government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Conservation District Act is amended by
5		changing Section 6 as follows:
6		(70 ILCS 410/6) (from Ch. 96 1/2, par. 7106)
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
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.
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.
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.
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
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.
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.
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
24		approved by the board.
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
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.
7		(Source: P.A. 94-454, eff. 8-4-05; 95-54, eff. 8-10-07.)
8		Section 10. The Downstate Forest Preserve District Act is
9		amended by changing Section 8 as follows:
10		(70 ILCS 805/8) (from Ch. 96 1/2, par. 6315)
11		Sec. 8. Powers and duties of corporate authority and
12		officers; contracts; salaries.
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.
14		(b) In any county, city, village, incorporated town or
15		sanitary district where the corporate authorities act as the
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.
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.
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.)
3		Section 15. The Park District Code is amended by changing
4		Section 8-1 as follows:
5		(70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
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:
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.
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
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
8		driveways within such district.
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
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.
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
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
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
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.
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
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.
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.
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
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.
3		(f) To manage and control all officers and property of such
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.
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.
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
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
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.
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.
24		(Source: P.A. 98-325, eff. 8-12-13; 98-772, eff. 7-16-14.)
25		Section 99. Effective date. This Act takes effect upon
26		becoming law.