102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4342
 
Introduced , by Rep. Frances Ann Hurley
 
SYNOPSIS AS INTRODUCED:



  
70 ILCS 1205/8-1 from Ch. 105, par. 8-1

 Amends the Park District Code. Provides that specified contracts related to supplies, materials, or work involving an expenditure in excess of $30,000 (rather than $25,000), or a lower amount if required by board policy, must be competitively bid. Provides that all competitive bids for contracts involving an expenditure in excess of $30,000 (rather than $25,000), or a lower amount if required by board policy,
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. Effective immediately.



LRB102 22472 AWJ 31612 b


 
 
A BILL FOR
 


HB4342LRB102 22472 AWJ 31612 b



1 AN ACT concerning local government.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Park District Code is amended by changing 
5Section 8-1 as follows:




6 (70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)



7 Sec. 8-1. General corporate powers.
Every park district 
8shall, from the time of its
organization, be a body corporate 
9and politic by the name set forth
in the petition for its 
10organization, the specific name set forth in this Code, or the 
11name it may adopt under
Section 8-9 and shall have and exercise 
12the following powers:

13  (a) To adopt a corporate seal and alter the same at 
14 pleasure; to sue
and be sued; and to contract in 
15 furtherance of any of its corporate purposes.

16  (b)(1) To acquire by gift, legacy, grant or purchase, 
17 or by
condemnation in the manner provided for the exercise 
18 of the power of eminent
domain under the Eminent Domain 
19 Act, any and all real estate, or
rights therein necessary 
20 for building, laying out, extending, adorning
and 
21 maintaining any such parks, boulevards and driveways, or 
22 for
effecting any of the powers or purposes granted under 
23 this Code as its
board may deem proper, whether such lands 
 
 
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1 be located within or without such
district; but no park 
2 district, except as provided in paragraph (2) of this

3 subsection, shall have any power of condemnation in the 
4 manner provided for the
exercise of the power of eminent 
5 domain under the Eminent Domain Act or otherwise as to any 
6 real
estate, lands, riparian rights or estate, or other 
7 property situated outside of
such district, but shall only 
8 have power to acquire the same by gift, legacy,
grant or 
9 purchase, and such district shall have the same control of 
10 and power
over lands so acquired without the district as 
11 over parks, boulevards and
driveways within such district.

12  (2) In addition to the powers granted in paragraph (1) 
13 of subsection (b),
a park district located in more than 
14 one county, the majority of its territory
located in a 
15 county over 450,000 in population and none of its 
16 territory
located in a county over 1,000,000 in 
17 population, shall have condemnation
power in the manner 
18 provided for the exercise of the power of eminent domain

19 under the Eminent Domain Act
or as otherwise granted by 
20 law
as to any and all real estate situated up to one mile 
21 outside of such district
which is not within the 
22 boundaries of another park district.

23  (c) To acquire by gift, legacy or purchase any 
24 personal property necessary
for its corporate purposes 
25 provided that all contracts for supplies, materials
or 
26 work involving an expenditure in excess of $30,000 
 
 
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1 $25,000, or a lower amount if required by board policy, 
2 shall be let to the
lowest responsible bidder after due 
3 advertisement. No district shall be required to accept a 
4 bid that does not meet the district's established 
5 specifications, terms of
delivery, quality, and 
6 serviceability requirements. Contracts which, by their 
7 nature, are not adapted to award by competitive
bidding, 
8 such as contracts for the services of individuals

9 possessing a high degree of professional skill where the 
10 ability or
fitness of the individual plays an important 
11 part, contracts for the
printing of finance committee 
12 reports and departmental reports,
contracts for the 
13 printing or engraving of bonds, tax warrants and other

14 evidences of indebtedness, contracts for utility services 
15 such as water,
light, heat, telephone or telegraph, 
16 contracts for fuel (such as diesel, gasoline, oil, 
17 aviation, or propane), lubricants, or other petroleum 
18 products, contracts for the use, purchase,
delivery, 
19 movement, or installation of data processing equipment, 
20 software, or
services and telecommunications and 
21 interconnect equipment, software, or
services, contracts 
22 for duplicating machines and supplies, contracts for goods

23 or services procured from another governmental agency, 
24 purchases of equipment
previously owned by some entity 
25 other than the district itself, and
contracts for the 
26 purchase of magazines, books, periodicals, pamphlets and

 
 
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1 reports are not subject to competitive bidding. Contracts 
2 for emergency expenditures are also exempt from 
3 competitive bidding when the
emergency expenditure is 
4 approved by 3/4 of the members of the board.

5  All competitive bids for contracts involving an 
6 expenditure in excess of $30,000 $25,000, or a lower 
7 amount if required by board policy,
must be sealed by the 
8 bidder and must be opened by a member or employee
of the 
9 park board at a public bid opening at which the contents of 
10 the bids
must be announced. Each bidder must receive at 
11 least 3 days notice of the
time and place of the bid 
12 opening.

13  For purposes of this subsection, "due advertisement" 
14 includes, but is not
limited to, at least one public 
15 notice at least 10 days before the bid date in
a newspaper 
16 published in the district or, if no newspaper is published 
17 in the
district, in a newspaper of general circulation in 
18 the area of the district.

19  (d) To pass all necessary ordinances, rules and 
20 regulations for the
proper management and conduct of the 
21 business of the board and district
and to establish by 
22 ordinance all needful rules and regulations for the

23 government and protection of parks, boulevards and 
24 driveways and other
property under its jurisdiction, and 
25 to effect the objects for which
such districts are formed.

26  (e) To prescribe such fines and penalties for the 
 
 
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1 violation of
ordinances as it shall deem proper not 
2 exceeding $1,000 for any
one
offense, which fines and 
3 penalties may be recovered by an action in the name
of such 
4 district in the circuit court for the county in which such

5 violation occurred. The park district may also seek in the 
6 action, in
addition to or instead of fines and penalties, 
7 an order that the offender
be required to make restitution 
8 for damage resulting from violations, and
the court shall 
9 grant such relief where appropriate. The procedure in
such 
10 actions shall be the same as that provided by law for like 
11 actions for the
violation of ordinances in cities 
12 organized under the general laws of this
State, and 
13 offenders may be imprisoned for non-payment of fines and 
14 costs in
the same manner as in such cities. All fines when 
15 collected shall be paid into
the treasury of such 
16 district.

17  (f) To manage and control all officers and property of 
18 such
districts and to provide for joint ownership with one 
19 or more cities,
villages or incorporated towns of real and 
20 personal property used for
park purposes by one or more 
21 park districts. In case of joint ownership,
the terms of 
22 the agreement shall be fair, just and equitable to all

23 parties and shall be set forth in a written agreement 
24 entered into by
the corporate authorities of each 
25 participating district, city, village
or incorporated 
26 town.

 
 
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1  (g) To secure grants and loans, or either, from the 
2 United States
Government, or any agency or agencies 
3 thereof, for financing the
acquisition or purchase of any 
4 and all real estate, or rights therein,
or for effecting 
5 any of the powers or purposes granted under this Code
as 
6 its Board may deem proper.

7  (h) To establish fees for the use of facilities and 
8 recreational programs of
the districts and to derive 
9 revenue from non-resident fees from their
operations. Fees 
10 charged non-residents of such district need not be the 
11 same as
fees charged to residents of the district. 
12 Charging fees or deriving revenue
from the facilities and 
13 recreational programs shall not affect the right to
assert 
14 or utilize any defense or immunity, common law or 
15 statutory, available
to the districts or their employees.

16  (i) To make contracts for a term exceeding one year, 
17 but not to exceed
3 years, notwithstanding any provision 
18 of this Code to the contrary,
relating to: (1) the 
19 employment of a park director, superintendent,

20 administrator, engineer, health officer, land planner, 
21 finance director,
attorney, police chief, or other officer 
22 who requires technical training or
knowledge; (2) the 
23 employment of outside professional consultants such as

24 engineers, doctors, land planners, auditors, attorneys, or 
25 other
professional consultants who require technical 
26 training or knowledge; (3)
the provision of data 
 
 
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1 processing equipment and services; and (4) the purchase of 
2 energy from a utility or an alternative retail electric 
3 supplier. With respect to
any contract made under this 
4 subsection (i), the corporate authorities
shall include in 
5 the annual appropriation ordinance for each fiscal year an

6 appropriation of a sum of money sufficient to pay the 
7 amount which, by the
terms of the contract, is to become 
8 due and payable during that fiscal year.

9  (j) To enter into licensing or management agreements 
10 with not-for-profit
corporations organized under the laws 
11 of this State to operate park district
facilities if the 
12 corporation covenants to use the facilities to provide 
13 public
park or recreational programs for youth.

14(Source: P.A. 101-304, eff. 8-9-19.)



15 Section 99. Effective date. This Act takes effect upon 
16becoming law.