Bill Text: IL HB0417 | 2015-2016 | 99th General Assembly | Engrossed

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Bill Title: 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.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2015-10-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB0417 Detail]

Download: Illinois-2015-HB0417-Engrossed.html

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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Conservation District Act is amended by
changing Section 6 as follows:
(70 ILCS 410/6) (from Ch. 96 1/2, par. 7106)
Sec. 6. Officers and employees. As soon as possible after
the initial election or the initial appointments, as the case
may be, the trustees shall organize by selecting from their
members a president, secretary, treasurer, and other officers
as are deemed necessary, who shall hold office for 2 years in
the case of an elected board, or the fiscal year in which
elected in the case of an appointed board, and until their
successors are selected and qualify. Three trustees shall
constitute a quorum of the board for the transaction of
business if the district has 5 trustees. If the district has 7
trustees, 4 trustees shall constitute a quorum of the board for
the transaction of business. The board shall hold regular
monthly meetings. Special meetings may be called by the
president and shall be called on the request of a majority of
members, as may be required.
The board shall provide for the proper and safe keeping of
its permanent records and for the recording of the corporate

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action of the district. It shall keep a proper system of
accounts showing a true and accurate record of its receipts and
disbursements, and it shall cause an annual audit to be made of
its books, records, and accounts.
The records of the district shall be subject to public
inspection at all reasonable hours and under regulations as the
board may prescribe.
The district shall annually make a full and complete report
to the county board of each county within the district and to
the Department of Natural Resources of its transactions and
operations for the preceding year. The report shall contain a
full statement of its receipts, disbursements, and the program
of work for the period covered, and may include recommendations
as may be deemed advisable.
Executive or ministerial duties may be delegated to one or
more trustees or to an authorized officer, employee, agent,
attorney, or other representative of the district.
All officers and employees authorized to receive or retain
the custody of money or to sign vouchers, checks, warrants, or
evidences of indebtedness binding upon the district shall
furnish surety bond for the faithful performance of their
duties and the faithful accounting for all moneys that may come
into their hands in an amount to be fixed and in a form to be
approved by the board.
All contracts for supplies, material, or work involving an
expenditure in excess of $25,000 $20,000 shall be let to the

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lowest responsible bidder, after due advertisement, excepting
work requiring personal confidence or necessary supplies under
the control of monopolies, where competitive bidding is
impossible. All contracts for supplies, material, or work shall
be signed by the president of the board and by any other
officer as the board in its discretion may designate.
(Source: P.A. 94-454, eff. 8-4-05; 95-54, eff. 8-10-07.)
Section 10. The Downstate Forest Preserve District Act is
amended by changing Section 8 as follows:
(70 ILCS 805/8) (from Ch. 96 1/2, par. 6315)
Sec. 8. Powers and duties of corporate authority and
officers; contracts; salaries.
(a) The board shall be the corporate authority of such
forest preserve district and shall have power to pass and
enforce all necessary ordinances, rules and regulations for the
management of the property and conduct of the business of such
district. The president of such board shall have power to
appoint such employees as may be necessary. In counties with
population of less than 3,000,000, within 60 days after their
selection the commissioners appointed under the provisions of
Section 3a of this Act shall organize by selecting from their
members a president, secretary, treasurer and such other
officers as are deemed necessary who shall hold office for the
fiscal year in which elected and until their successors are

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selected and qualify. In the one district in existence on July
1, 1977, that is managed by an appointed board of
commissioners, the incumbent president and the other officers
appointed in the manner as originally prescribed in this Act
shall hold such offices until the completion of their
respective terms or in the case of the officers other than
president until their successors are appointed by said
president, but in all cases not to extend beyond January 1,
1980 and until their successors are selected and qualify.
Thereafter, the officers shall be selected in the manner as
prescribed in this Section except that their first term of
office shall not expire until June 30, 1981 and until their
successors are selected and qualify.
(b) In any county, city, village, incorporated town or
sanitary district where the corporate authorities act as the
governing body of a forest preserve district, the person
exercising the powers of the president of the board shall have
power to appoint a secretary and an assistant secretary and
treasurer and an assistant treasurer and such other officers
and such employees as may be necessary. The assistant secretary
and assistant treasurer shall perform the duties of the
secretary and treasurer, respectively in case of death of such
officers or when such officers are unable to perform the duties
of their respective offices. All contracts for supplies,
material or work involving an expenditure in excess of $25,000
$20,000 shall be let to the lowest responsible bidder, after

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advertising at least once in one or more newspapers of general
circulation within the district, excepting work requiring
personal confidence or necessary supplies under the control of
monopolies, where competitive bidding is impossible. Contracts
for supplies, material or work involving an expenditure of
$25,000 $20,000 or less may be let without advertising for
bids, but whenever practicable, at least 3 competitive bids
shall be obtained before letting such contract. All contracts
for supplies, material or work shall be signed by the president
of the board of commissioners or by any such other officer as
the board in its discretion may designate.
(c) The president of any board of commissioners appointed
under the provisions of Section 3a of this Act shall receive a
salary not to exceed the sum of $2500 per annum and the salary
of other members of the board so appointed shall not exceed
$1500 per annum. Salaries of the commissioners, officers and
employees shall be fixed by ordinance.
(d) Whenever a forest preserve district owns any personal
property that, in the opinion of three-fifths of the members of
the board of commissioners, is no longer necessary, useful to,
or for the best interests of the forest preserve district, then
three-fifths of the members of the board, at any regular
meeting or any special meeting called for that purpose by an
ordinance or resolution that includes a general description of
the personal property, may authorize the conveyance or sale of
that personal property in any manner that they may designate,

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with or without advertising the sale.
(Source: P.A. 97-851, eff. 7-26-12; 98-463, eff. 8-16-13.)
Section 15. The Park District Code is amended by changing
Section 8-1 as follows:
(70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
Sec. 8-1. General corporate powers. Every park district
shall, from the time of its organization, be a body corporate
and politic by the name set forth in the petition for its
organization, the specific name set forth in this Code, or the
name it may adopt under Section 8-9 and shall have and exercise
the following powers:
(a) To adopt a corporate seal and alter the same at
pleasure; to sue and be sued; and to contract in furtherance of
any of its corporate purposes.
(b) (1) To acquire by gift, legacy, grant or purchase, or
by condemnation in the manner provided for the exercise of the
power of eminent domain under the Eminent Domain Act, any and
all real estate, or rights therein necessary for building,
laying out, extending, adorning and maintaining any such parks,
boulevards and driveways, or for effecting any of the powers or
purposes granted under this Code as its board may deem proper,
whether such lands be located within or without such district;
but no park district, except as provided in paragraph (2) of
this subsection, shall have any power of condemnation in the

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manner provided for the exercise of the power of eminent domain
under the Eminent Domain Act or otherwise as to any real
estate, lands, riparian rights or estate, or other property
situated outside of such district, but shall only have power to
acquire the same by gift, legacy, grant or purchase, and such
district shall have the same control of and power over lands so
acquired without the district as over parks, boulevards and
driveways within such district.
(2) In addition to the powers granted in paragraph (1) of
subsection (b), a park district located in more than one
county, the majority of its territory located in a county over
450,000 in population and none of its territory located in a
county over 1,000,000 in population, shall have condemnation
power in the manner provided for the exercise of the power of
eminent domain under the Eminent Domain Act or as otherwise
granted by law as to any and all real estate situated up to one
mile outside of such district which is not within the
boundaries of another park district.
(c) To acquire by gift, legacy or purchase any personal
property necessary for its corporate purposes provided that all
contracts for supplies, materials or work involving an
expenditure in excess of $25,000 $20,000 shall be let to the
lowest responsible bidder after due advertisement. No district
shall be required to accept a bid that does not meet the
district's established specifications, terms of delivery,
quality, and serviceability requirements. Contracts which, by

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their nature, are not adapted to award by competitive bidding,
such as contracts for the services of individuals possessing a
high degree of professional skill where the ability or fitness
of the individual plays an important part, contracts for the
printing of finance committee reports and departmental
reports, contracts for the printing or engraving of bonds, tax
warrants and other evidences of indebtedness, contracts for
utility services such as water, light, heat, telephone or
telegraph, contracts for the use, purchase, delivery,
movement, or installation of data processing equipment,
software, or services and telecommunications and interconnect
equipment, software, or services, contracts for duplicating
machines and supplies, contracts for goods or services procured
from another governmental agency, purchases of equipment
previously owned by some entity other than the district itself,
and contracts for the purchase of magazines, books,
periodicals, pamphlets and reports are not subject to
competitive bidding. Contracts for emergency expenditures are
also exempt from competitive bidding when the emergency
expenditure is approved by 3/4 of the members of the board.
All competitive bids for contracts involving an
expenditure in excess of $25,000 $20,000 must be sealed by the
bidder and must be opened by a member or employee of the park
board at a public bid opening at which the contents of the bids
must be announced. Each bidder must receive at least 3 days
notice of the time and place of the bid opening.

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For purposes of this subsection, "due advertisement"
includes, but is not limited to, at least one public notice at
least 10 days before the bid date in a newspaper published in
the district or, if no newspaper is published in the district,
in a newspaper of general circulation in the area of the
district.
(d) To pass all necessary ordinances, rules and regulations
for the proper management and conduct of the business of the
board and district and to establish by ordinance all needful
rules and regulations for the government and protection of
parks, boulevards and driveways and other property under its
jurisdiction, and to effect the objects for which such
districts are formed.
(e) To prescribe such fines and penalties for the violation
of ordinances as it shall deem proper not exceeding $1,000 for
any one offense, which fines and penalties may be recovered by
an action in the name of such district in the circuit court for
the county in which such violation occurred. The park district
may also seek in the action, in addition to or instead of fines
and penalties, an order that the offender be required to make
restitution for damage resulting from violations, and the court
shall grant such relief where appropriate. The procedure in
such actions shall be the same as that provided by law for like
actions for the violation of ordinances in cities organized
under the general laws of this State, and offenders may be
imprisoned for non-payment of fines and costs in the same

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manner as in such cities. All fines when collected shall be
paid into the treasury of such district.
(f) To manage and control all officers and property of such
districts and to provide for joint ownership with one or more
cities, villages or incorporated towns of real and personal
property used for park purposes by one or more park districts.
In case of joint ownership, the terms of the agreement shall be
fair, just and equitable to all parties and shall be set forth
in a written agreement entered into by the corporate
authorities of each participating district, city, village or
incorporated town.
(g) To secure grants and loans, or either, from the United
States Government, or any agency or agencies thereof, for
financing the acquisition or purchase of any and all real
estate, or rights therein, or for effecting any of the powers
or purposes granted under this Code as its Board may deem
proper.
(h) To establish fees for the use of facilities and
recreational programs of the districts and to derive revenue
from non-resident fees from their operations. Fees charged
non-residents of such district need not be the same as fees
charged to residents of the district. Charging fees or deriving
revenue from the facilities and recreational programs shall not
affect the right to assert or utilize any defense or immunity,
common law or statutory, available to the districts or their
employees.

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(i) To make contracts for a term exceeding one year, but
not to exceed 3 years, notwithstanding any provision of this
Code to the contrary, relating to: (1) the employment of a park
director, superintendent, administrator, engineer, health
officer, land planner, finance director, attorney, police
chief, or other officer who requires technical training or
knowledge; (2) the employment of outside professional
consultants such as engineers, doctors, land planners,
auditors, attorneys, or other professional consultants who
require technical training or knowledge; (3) the provision of
data processing equipment and services; and (4) the purchase of
energy from a utility or an alternative retail electric
supplier. With respect to any contract made under this
subsection (i), the corporate authorities shall include in the
annual appropriation ordinance for each fiscal year an
appropriation of a sum of money sufficient to pay the amount
which, by the terms of the contract, is to become due and
payable during that fiscal year.
(j) To enter into licensing or management agreements with
not-for-profit corporations organized under the laws of this
State to operate park district facilities if the corporation
covenants to use the facilities to provide public park or
recreational programs for youth.
(Source: P.A. 98-325, eff. 8-12-13; 98-772, eff. 7-16-14.)
Section 99. Effective date. This Act takes effect upon
becoming law.