Bill Text: IL HB2096 | 2019-2020 | 101st General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Township Code. Provides that, if the Governor declares a disaster under the Illinois Emergency Management Agency Act and the disaster declaration is effective during the dates designated for a township's annual meeting, a township board may postpone the annual meeting to the third Tuesday, after 6 p.m., of the month following the end of the disaster declaration if circumstances related to the disaster declaration prevent a township from holding its annual meeting. Requires consultation with and receipt of written approval from the county health department to proceed with an annual meeting during the course of a subsequent disaster declaration. Amends the Illinois Local Library Act and the Public Library District Act of 1991 creating the Cards for Kids Act. Provides that nonresident fees for the privilege and use of a library shall not be charged to a nonresident in an unincorporated area in Illinois who is a student whose household falls at or below the U.S. Department of Agriculture's Income Eligibility Guidelines. Removes provisions allowing libraries not to participate in nonresident card reciprocal borrowing programs of a regional library system. Amends the State Mandates Act requiring implementation without reimbursement for the nonresident fees provisions. Amends the School Code. In provisions requiring certain contracts to be awarded to the lowest responsible bidder, removes the provision that prohibits bids for construction purposes from being communicated, accepted, or opened electronically. Amends the General Assistance Article of the Illinois Public Aid Code. In the definition of "earned income", provides that the eligibility of any applicant for or recipient of general assistance is not affected by the payment of any rebate authorized under the Coronavirus Aid, Relief, and Economic Security (CARES) Act or under any other federal economic stimulus program created in response to the COVID-19 emergency. Provides that the amount and nature of any financial aid or emergency financial assistance is not affected by the payment of any rebate authorized under the CARES Act or under any other federal economic stimulus program created in response to the COVID-19 emergency. Amends the Housing Authorities Act. Provides that the following powers and exemptions, currently applicable to a housing authority for any municipality having a population in excess of 1,000,000, also apply to a housing authority for any county having such a population: powers relating to rehabilitation, development, and ownership of low-income and mixed-income rental and for-sale housing as a partner or member of a partnership, limited liability company, or joint venture; and exemptions from approval of other specified requirements. Effective immediately.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2020-06-05 - Public Act . . . . . . . . . 101-0632 [HB2096 Detail]
Download: Illinois-2019-HB2096-Enrolled.html
Bill Title: Amends the Township Code. Provides that, if the Governor declares a disaster under the Illinois Emergency Management Agency Act and the disaster declaration is effective during the dates designated for a township's annual meeting, a township board may postpone the annual meeting to the third Tuesday, after 6 p.m., of the month following the end of the disaster declaration if circumstances related to the disaster declaration prevent a township from holding its annual meeting. Requires consultation with and receipt of written approval from the county health department to proceed with an annual meeting during the course of a subsequent disaster declaration. Amends the Illinois Local Library Act and the Public Library District Act of 1991 creating the Cards for Kids Act. Provides that nonresident fees for the privilege and use of a library shall not be charged to a nonresident in an unincorporated area in Illinois who is a student whose household falls at or below the U.S. Department of Agriculture's Income Eligibility Guidelines. Removes provisions allowing libraries not to participate in nonresident card reciprocal borrowing programs of a regional library system. Amends the State Mandates Act requiring implementation without reimbursement for the nonresident fees provisions. Amends the School Code. In provisions requiring certain contracts to be awarded to the lowest responsible bidder, removes the provision that prohibits bids for construction purposes from being communicated, accepted, or opened electronically. Amends the General Assistance Article of the Illinois Public Aid Code. In the definition of "earned income", provides that the eligibility of any applicant for or recipient of general assistance is not affected by the payment of any rebate authorized under the Coronavirus Aid, Relief, and Economic Security (CARES) Act or under any other federal economic stimulus program created in response to the COVID-19 emergency. Provides that the amount and nature of any financial aid or emergency financial assistance is not affected by the payment of any rebate authorized under the CARES Act or under any other federal economic stimulus program created in response to the COVID-19 emergency. Amends the Housing Authorities Act. Provides that the following powers and exemptions, currently applicable to a housing authority for any municipality having a population in excess of 1,000,000, also apply to a housing authority for any county having such a population: powers relating to rehabilitation, development, and ownership of low-income and mixed-income rental and for-sale housing as a partner or member of a partnership, limited liability company, or joint venture; and exemptions from approval of other specified requirements. Effective immediately.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2020-06-05 - Public Act . . . . . . . . . 101-0632 [HB2096 Detail]
Download: Illinois-2019-HB2096-Enrolled.html
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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 Township Code is amended by changing | ||||||
5 | Sections 30-5 and 30-10 as follows:
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6 | (60 ILCS 1/30-5)
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7 | Sec. 30-5. Annual township meeting.
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8 | (a) The annual township meeting in the respective townships | ||||||
9 | for the
transaction of the business of the township shall be | ||||||
10 | held on the second Tuesday
of April in each year, after 6 p.m., | ||||||
11 | at the place appointed for those
meetings. Elections for
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12 | township officers shall be held in accordance with the | ||||||
13 | consolidated schedule of
elections prescribed by the general | ||||||
14 | election law.
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15 | (b) Whenever the date designated in subsection (a) | ||||||
16 | conflicts with the
celebration of Passover, the township board | ||||||
17 | may postpone the annual township
meeting to the first Tuesday | ||||||
18 | following the last day of Passover.
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19 | (c) Whenever the consolidated election provided for in | ||||||
20 | subsection
(b) of Section 2A-1.1 of the Election Code is | ||||||
21 | rescheduled to the second
Tuesday in April under Section | ||||||
22 | 2A-1.1a of the Election Code, the annual
township meeting shall | ||||||
23 | be held on the third Tuesday in April at the time
designated by |
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1 | the electors or the township board, whichever is appropriate.
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2 | (d) If the Governor declares a disaster under Section 7 of | ||||||
3 | the Illinois Emergency Management Agency Act and the disaster | ||||||
4 | declaration is effective during the dates designated for a | ||||||
5 | township's annual meeting under subsection (a), (b), or (c), a | ||||||
6 | township board may postpone the annual meeting if circumstances | ||||||
7 | related to the disaster declaration prevent a township from | ||||||
8 | holding its annual meeting. An annual township meeting | ||||||
9 | postponed under this subsection shall be held on the third | ||||||
10 | Tuesday, after 6 p.m., of the month following the expiration of | ||||||
11 | the disaster declaration. If a subsequent disaster is declared | ||||||
12 | under Section 7 of the Illinois Emergency Management Agency Act | ||||||
13 | prior to or one day after the expiration of the disaster | ||||||
14 | declaration upon which the township board based its decision to | ||||||
15 | postpone the annual meeting and the township board intends to | ||||||
16 | proceed with the annual meeting during this subsequent disaster | ||||||
17 | declaration, the township board must consult with and receive | ||||||
18 | written approval from the county health department in order to | ||||||
19 | proceed with the annual meeting during the course of the | ||||||
20 | subsequent disaster declaration. | ||||||
21 | (Source: P.A. 88-62; incorporates 88-360; 88-670, eff. | ||||||
22 | 12-2-94.)
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23 | (60 ILCS 1/30-10)
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24 | Sec. 30-10. Notice of meeting; agenda. | ||||||
25 | (a) Notice of the time and place of holding the annual and |
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1 | any special
township meetings shall be given by the township | ||||||
2 | clerk (or, in the clerk's absence, the
supervisor, assessor, or | ||||||
3 | collector) by posting written or printed notices in 3
of the | ||||||
4 | most public places in the township at least 15 days before the | ||||||
5 | meeting
and, if there is an English language newspaper | ||||||
6 | published in the township, by at
least one publication in that | ||||||
7 | newspaper before the meeting. The notice shall
set forth the | ||||||
8 | agenda for the meeting.
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9 | (b) Agenda. Not less than 15 days before the annual | ||||||
10 | meeting, the township board shall adopt an agenda for the | ||||||
11 | annual meeting. Any 15 or more registered voters in the | ||||||
12 | township may request an agenda item for consideration by the | ||||||
13 | electors at the annual meeting by giving written notice of a | ||||||
14 | specific request to the township clerk no later than March 1 | ||||||
15 | prior to the annual meeting. The agenda published by the | ||||||
16 | township board shall include any such request made by voters if | ||||||
17 | the request is relevant to powers granted to electors under the | ||||||
18 | Township Code. | ||||||
19 | (c) Additional agenda items. Any matter or proposal not set | ||||||
20 | forth in the published agenda shall not be considered at the | ||||||
21 | annual meeting other than advising that the matter may be | ||||||
22 | considered at a special meeting of the electors at a later | ||||||
23 | date. | ||||||
24 | (d) Notice and agenda requirements for an annual township | ||||||
25 | meeting that has been postponed under subsection (d) of Section | ||||||
26 | 30-5 shall be the same as provided in this Section. |
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1 | (Source: P.A. 98-653, eff. 6-18-14.)
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2 | Section 10. Sections 20 and 25 of this Act may be referred | ||||||
3 | to as the Cards for Kids Act.
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4 | Section 15. The Illinois Local Library Act is amended by | ||||||
5 | changing Section 4-7 as follows:
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6 | (75 ILCS 5/4-7) (from Ch. 81, par. 4-7)
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7 | Sec. 4-7.
Each board of library trustees of a city, | ||||||
8 | incorporated
town, village or township shall carry out the | ||||||
9 | spirit and intent of this
Act in establishing, supporting and | ||||||
10 | maintaining a public library or
libraries for providing library | ||||||
11 | service and, in addition to but without
limiting other powers | ||||||
12 | conferred by this Act, shall have the following powers:
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13 | 1. To make and adopt such bylaws, rules and | ||||||
14 | regulations, for their
own guidance and for the government | ||||||
15 | of the library as may be expedient,
not inconsistent with | ||||||
16 | this Act;
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17 | 2. To have the exclusive control of the expenditure of | ||||||
18 | all moneys
collected for the library and deposited to the | ||||||
19 | credit of the library
fund;
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20 | 3. To have the exclusive control of the construction of | ||||||
21 | any library
building and of the supervision, care and | ||||||
22 | custody of the grounds, rooms
or buildings constructed, | ||||||
23 | leased or set apart for that purpose;
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1 | 4. To purchase or lease real or personal property, and | ||||||
2 | to construct
an appropriate building or buildings for the | ||||||
3 | use of a library
established hereunder, using, at the | ||||||
4 | board's option, contracts providing
for all or part of the | ||||||
5 | consideration to be paid through installments at
stated | ||||||
6 | intervals during a certain period not to exceed 20 years | ||||||
7 | with
interest on the unpaid balance at any lawful rate for | ||||||
8 | municipal
corporations in this State, except that | ||||||
9 | contracts for installment
purchases of real estate shall | ||||||
10 | provide for not more than 75% of the
total consideration to | ||||||
11 | be repaid by installments, and to refund at any
time any | ||||||
12 | installment contract entered into pursuant to this | ||||||
13 | paragraph by
means of a refunding loan agreement, which may | ||||||
14 | provide for installment payments
of principal and interest | ||||||
15 | to be made at stated intervals during a certain
period not | ||||||
16 | to exceed 20 years from the date of such refunding loan | ||||||
17 | agreement,
with interest on the unpaid principal balance at | ||||||
18 | any lawful rate for municipal
corporations in this State, | ||||||
19 | except that no installment contract or refunding
loan | ||||||
20 | agreement for the same property or construction project may | ||||||
21 | exceed
an aggregate of 20 years;
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22 | 5. To remodel or reconstruct a building erected or | ||||||
23 | purchased by the
board, when such building is not adapted | ||||||
24 | to its purposes or needs;
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25 | 6. To sell or otherwise dispose of any real or personal | ||||||
26 | property
that it deems no longer necessary or useful for |
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1 | library purposes, and to
lease to others any real property | ||||||
2 | not immediately useful but for which
plans for ultimate use | ||||||
3 | have been or will be adopted but the corporate
authorities | ||||||
4 | shall have the first right to purchase or lease except that
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5 | in the case of the City of Chicago, this power shall be | ||||||
6 | governed and
limited by the Chicago Public Library Act;
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7 | 7. To appoint and to fix the compensation of a | ||||||
8 | qualified librarian, who
shall have the authority to hire | ||||||
9 | such other employees as may be necessary,
to fix their | ||||||
10 | compensation, and to remove such appointees, subject to the
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11 | approval of the board, but these powers are subject to
| ||||||
12 | Division 1 of Article 10 of the Illinois Municipal Code in
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13 | municipalities in which that Division is in force. The | ||||||
14 | board may also
retain counsel and professional consultants | ||||||
15 | as needed;
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16 | 8. To contract with any public or private corporation | ||||||
17 | or entity for
the purpose of providing or receiving library | ||||||
18 | service or of performing any
and all other acts necessary | ||||||
19 | and proper to carry out the responsibilities,
the spirit, | ||||||
20 | and the provisions of this Act. This contractual power
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21 | includes, but is not limited to, participating in | ||||||
22 | interstate library
compacts and library systems, | ||||||
23 | contracting to supply library services, and
expending of | ||||||
24 | any federal or State funds made available to any county,
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25 | municipality, township or to the State of Illinois for | ||||||
26 | library purposes.
However, if a contract is for the supply |
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1 | of library services for residents
without a public library | ||||||
2 | established under the provisions of this Act, the
terms of | ||||||
3 | that contract will recognize the principle of equity or | ||||||
4 | cost of
services to non-residents expressed in this Section | ||||||
5 | of this Act, and will
provide for the assumption by the | ||||||
6 | contracting party receiving the services
of financial | ||||||
7 | responsibility for the loss of or damage to any library
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8 | materials provided to non-residents under the contract;
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9 | 9. To join with the board or boards of any one or more | ||||||
10 | libraries in
this State in maintaining libraries, or for | ||||||
11 | the maintenance of a common
library or common library | ||||||
12 | services for participants, upon such terms as may
be agreed | ||||||
13 | upon by and between the boards;
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14 | 10. To enter into contracts and to take title to any | ||||||
15 | property
acquired by it for library purposes by the name | ||||||
16 | and style of "The Board
of Library Trustees of the (city, | ||||||
17 | village, incorporated town or
township) of ...." and by | ||||||
18 | that name to sue and be sued;
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19 | 11. To exclude from the use of the library any person | ||||||
20 | who wilfully
violates the rules prescribed by the board;
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21 | 12. To extend the privileges and use of the library, | ||||||
22 | including the
borrowing of materials on an individual basis | ||||||
23 | by persons residing outside
of the city, incorporated town, | ||||||
24 | village or township. If the board exercises
this power, the | ||||||
25 | privilege of library use shall be upon such terms
and | ||||||
26 | conditions as the board shall from time to time by its |
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1 | regulations
prescribe, and for such privileges and use, the | ||||||
2 | board shall charge a
nonresident fee at least equal to the | ||||||
3 | cost paid by residents of the city,
incorporated town, | ||||||
4 | village or township, with the cost to be determined
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5 | according to the formula established by the Illinois State | ||||||
6 | Library.
A person residing outside of a public library | ||||||
7 | service area must apply for a
non-resident library
card at | ||||||
8 | the public library located closest to the person's | ||||||
9 | principal
residence.
The
nonresident cards shall allow for | ||||||
10 | borrowing privileges
at all participating public libraries | ||||||
11 | in the regional library system. The
nonresident fee shall | ||||||
12 | not apply to : privilege and use provided under the
terms of | ||||||
13 | the library's membership in a library system operating | ||||||
14 | under the
provisions of the Illinois Library System Act, | ||||||
15 | under the terms of any
reciprocal agreement with a public | ||||||
16 | or private corporation or entity
providing a library | ||||||
17 | service ; , or to a nonresident who as an individual or as
a | ||||||
18 | partner, principal stockholder, or other joint owner owns | ||||||
19 | or leases
property that is taxed for library service or is | ||||||
20 | a senior administrative officer of a firm, business, or
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21 | other corporation owning taxable property within the city, | ||||||
22 | incorporated
town, village or township upon the | ||||||
23 | presentation of the most recent tax bill
upon that taxable | ||||||
24 | property or a copy of the commercial lease of that taxable | ||||||
25 | property ; or to a nonresident in an unincorporated area in | ||||||
26 | Illinois who is a student whose household falls at or below |
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1 | the U.S. Department of Agriculture's Income Eligibility | ||||||
2 | Guidelines . Nothing in this item 12 requires any public | ||||||
3 | library to
participate in the
non-resident card
reciprocal | ||||||
4 | borrowing program of a regional library system as provided | ||||||
5 | for in
this Section ;
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6 | 13. To exercise the power of eminent domain subject to | ||||||
7 | the prior
approval of the corporate authorities under | ||||||
8 | Sections 5-1 and 5-2 of this Act;
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9 | 14. To join the public library as a member and to join | ||||||
10 | the library
trustees as members in the Illinois Library | ||||||
11 | Association
and the American Library Association, | ||||||
12 | non-profit, non-political, 501(c)(3)
associations, as | ||||||
13 | designated by the federal Internal Revenue Service, having
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14 | the purpose of library development and librarianship; to | ||||||
15 | provide for the
payment of annual membership dues, fees and | ||||||
16 | assessments and act by, through
and in the name of such | ||||||
17 | instrumentality by providing and disseminating
information | ||||||
18 | and research services, employing personnel and doing any | ||||||
19 | and
all other acts for the purpose of improving library | ||||||
20 | development;
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21 | 15. To invest funds pursuant to the Public Funds | ||||||
22 | Investment Act; and
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23 | 16. To accumulate and set apart as reserve funds | ||||||
24 | portions of the
unexpended balances of the proceeds | ||||||
25 | received annually from taxes or other
sources, for the | ||||||
26 | purpose of providing self-insurance against liabilities
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1 | relating to the public library.
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2 | (Source: P.A. 100-875, eff. 8-14-18.)
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3 | Section 20. The Public Library District Act of 1991 is | ||||||
4 | amended by changing Section 30-55.60 as follows:
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5 | (75 ILCS 16/30-55.60)
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6 | Sec. 30-55.60. Use of library by nonresidents. The board | ||||||
7 | may extend the privileges and use
of the library, including the
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8 | borrowing of materials on an individual basis by persons
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9 | residing outside the district. If the board exercises this | ||||||
10 | power,
the privilege of library use shall be upon terms and | ||||||
11 | conditions
prescribed by the
board in its regulations. The | ||||||
12 | board shall charge a
nonresident
fee for the privileges and use | ||||||
13 | of the library at least equal to the
cost paid by residents of | ||||||
14 | the district, with the
cost to be determined according to the | ||||||
15 | formula established by the Illinois
State Library.
A person | ||||||
16 | residing outside of a public library service area must apply | ||||||
17 | for a
non-resident library
card at the public library closest | ||||||
18 | to the person's principal residence.
The nonresident cards | ||||||
19 | shall allow for borrowing privileges
at all participating | ||||||
20 | public libraries in the regional library system. The | ||||||
21 | nonresident fee shall
not
apply to
any of the following:
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22 | (1) Privileges and use provided (i) under the terms
of | ||||||
23 | the district's membership
in a library system
operating | ||||||
24 | under the provisions of the Illinois Library System Act or |
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1 | (ii) under
the terms of any reciprocal agreement with a | ||||||
2 | public or private corporation
or entity providing a library | ||||||
3 | service.
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4 | (2) Residents of an area in which the library is | ||||||
5 | conducting a program for
the purpose of encouraging the | ||||||
6 | inclusion of the area in the library district.
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7 | (3) A nonresident who, as an individual
or as a | ||||||
8 | partner, principal stockholder, or other joint owner, owns | ||||||
9 | or leases
property that is taxed for library service or is | ||||||
10 | a senior administrative officer of a firm, business, or
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11 | other corporation owning taxable property within the | ||||||
12 | district, upon
presentation of the most recent tax bill | ||||||
13 | upon that taxable property or a copy of the commercial | ||||||
14 | lease of that taxable property. | ||||||
15 | (4) A nonresident in an unincorporated area in Illinois | ||||||
16 | who is a student whose household falls at or below the U.S. | ||||||
17 | Department of Agriculture's Income Eligibility Guidelines.
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18 | Nothing in this Section requires any public library to | ||||||
19 | participate in the
non-resident card
reciprocal borrowing | ||||||
20 | program of a regional library system as provided for in
this | ||||||
21 | Section.
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22 | (Source: P.A. 100-875, eff. 8-14-18.)
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23 | Section 25. The School Code is amended by changing Section | ||||||
24 | 10-20.21 as follows:
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1 | (105 ILCS 5/10-20.21)
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2 | Sec. 10-20.21. Contracts.
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3 | (a)
To award all contracts for
purchase of supplies and | ||||||
4 | materials or work involving an expenditure in excess of $25,000 | ||||||
5 | or a lower amount as required by board policy
to the lowest | ||||||
6 | responsible bidder, considering conformity with
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7 | specifications, terms of delivery, quality and serviceability, | ||||||
8 | after due
advertisement, except the following: (i) contracts | ||||||
9 | for the services of
individuals possessing a high degree of | ||||||
10 | professional skill where the
ability or fitness of the | ||||||
11 | individual plays an important part; (ii)
contracts for the | ||||||
12 | printing of finance committee reports and departmental
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13 | reports; (iii) contracts for the printing or engraving of | ||||||
14 | bonds, tax
warrants and other evidences of indebtedness; (iv) | ||||||
15 | contracts for the
purchase of perishable foods and perishable | ||||||
16 | beverages; (v) contracts for
materials and work which have been | ||||||
17 | awarded to the lowest responsible bidder
after due | ||||||
18 | advertisement, but due to unforeseen revisions, not the fault | ||||||
19 | of
the contractor for materials and work, must be revised | ||||||
20 | causing expenditures
not in excess of 10% of the contract | ||||||
21 | price; (vi)
contracts for the maintenance or servicing of, or | ||||||
22 | provision of
repair parts for, equipment which are made with | ||||||
23 | the manufacturer or
authorized service agent of that equipment | ||||||
24 | where the provision of parts,
maintenance, or servicing can | ||||||
25 | best be performed by the manufacturer or
authorized service | ||||||
26 | agent; (vii) purchases and contracts for the use,
purchase, |
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1 | delivery, movement, or installation of data processing | ||||||
2 | equipment,
software, or services and telecommunications and | ||||||
3 | interconnect
equipment, software, and services; (viii) | ||||||
4 | contracts for duplicating
machines and supplies; (ix) | ||||||
5 | contracts for the purchase of fuel, including diesel, gasoline, | ||||||
6 | oil, aviation, natural gas, or propane, lubricants, or other | ||||||
7 | petroleum products; (x) purchases of
equipment previously | ||||||
8 | owned by some entity other than the district
itself; (xi) | ||||||
9 | contracts for repair, maintenance, remodeling, renovation, or
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10 | construction, or a single project involving an expenditure not | ||||||
11 | to exceed
$50,000 and not involving a change or increase in the | ||||||
12 | size, type, or extent
of an existing facility; (xii) contracts | ||||||
13 | for goods or services procured
from another governmental | ||||||
14 | agency; (xiii) contracts for goods or services
which are | ||||||
15 | economically procurable from only one source, such as for the
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16 | purchase of magazines, books, periodicals, pamphlets and | ||||||
17 | reports, and for
utility services such as water, light, heat, | ||||||
18 | telephone or telegraph;
(xiv) where funds are expended in an | ||||||
19 | emergency and such emergency
expenditure is approved by 3/4 of | ||||||
20 | the members of the board; (xv) State master contracts | ||||||
21 | authorized under Article 28A of this Code; and (xvi) contracts | ||||||
22 | providing for the transportation of pupils, which contracts | ||||||
23 | must be advertised in the same manner as competitive bids and | ||||||
24 | awarded by first considering the bidder or bidders most able to | ||||||
25 | provide safety and comfort for the pupils, stability of | ||||||
26 | service, and any other factors set forth in the request for |
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1 | proposal regarding quality of service, and then price. However, | ||||||
2 | at no time shall a cause of action lie against a school board | ||||||
3 | for awarding a pupil transportation contract per the standards | ||||||
4 | set forth in this subsection (a) unless the cause of action is | ||||||
5 | based on fraudulent conduct. | ||||||
6 | All competitive
bids for contracts involving an | ||||||
7 | expenditure in excess of $25,000 or a lower amount as required | ||||||
8 | by board policy must be
sealed by the bidder and must be opened | ||||||
9 | by a member or employee of the
school board at a public bid | ||||||
10 | opening at which the contents of the bids
must be announced. | ||||||
11 | Each bidder must receive at least 3 days' notice of the
time | ||||||
12 | and place of the bid opening. For purposes of this Section due
| ||||||
13 | advertisement includes, but is not limited to, at least one | ||||||
14 | public notice
at least 10 days before the bid date in a | ||||||
15 | newspaper published in the
district, or if no newspaper is | ||||||
16 | published in the district, in a newspaper
of general | ||||||
17 | circulation in the area of the district. State master contracts | ||||||
18 | and certified education purchasing contracts, as defined in | ||||||
19 | Article 28A of this Code, are not subject to the requirements | ||||||
20 | of this paragraph.
| ||||||
21 | Under this Section, the acceptance of bids sealed by a | ||||||
22 | bidder and the opening of these bids at a public bid opening | ||||||
23 | may be permitted by an electronic process for communicating, | ||||||
24 | accepting, and opening competitive bids. However, bids for | ||||||
25 | construction purposes are prohibited from being communicated, | ||||||
26 | accepted, or opened electronically. An electronic bidding |
| |||||||
| |||||||
1 | process must provide for, but is not limited to, the following | ||||||
2 | safeguards: | ||||||
3 | (1) On the date and time certain of a bid opening, the | ||||||
4 | primary person conducting the competitive, sealed, | ||||||
5 | electronic bid process shall log onto a specified database | ||||||
6 | using a unique username and password previously assigned to | ||||||
7 | the bidder to allow access to the bidder's specific bid | ||||||
8 | project number. | ||||||
9 | (2) The specified electronic database must be on a | ||||||
10 | network that (i) is in a secure environment behind a | ||||||
11 | firewall; (ii) has specific encryption tools; (iii) | ||||||
12 | maintains specific intrusion detection systems; (iv) has | ||||||
13 | redundant systems architecture with data storage back-up, | ||||||
14 | whether by compact disc or tape; and (v) maintains a | ||||||
15 | disaster recovery plan.
| ||||||
16 | It is the legislative intent of Public Act 96-841 to maintain | ||||||
17 | the integrity of the sealed bidding process provided for in | ||||||
18 | this Section, to further limit any possibility of bid-rigging, | ||||||
19 | to reduce administrative costs to school districts, and to | ||||||
20 | effect efficiencies in communications with bidders. | ||||||
21 | (b) To require, as a condition of any contract for goods | ||||||
22 | and services,
that persons
bidding for and awarded a contract | ||||||
23 | and all affiliates of the person collect and
remit
Illinois Use | ||||||
24 | Tax on all sales of tangible personal property into the State | ||||||
25 | of
Illinois in
accordance with the provisions of the Illinois | ||||||
26 | Use Tax Act regardless of whether
the
person or affiliate is a |
| |||||||
| |||||||
1 | "retailer maintaining a place of business within this
State" as
| ||||||
2 | defined in Section 2 of the Use Tax Act. For purposes of this | ||||||
3 | Section, the term
"affiliate"
means any entity that (1) | ||||||
4 | directly, indirectly, or constructively controls
another | ||||||
5 | entity, (2)
is directly, indirectly, or constructively | ||||||
6 | controlled by another entity, or (3)
is subject to
the control | ||||||
7 | of a common entity. For purposes of this subsection (b), an | ||||||
8 | entity
controls
another entity if it owns, directly or | ||||||
9 | individually, more than 10% of the
voting
securities
of that | ||||||
10 | entity. As used in this subsection (b), the term "voting | ||||||
11 | security"
means a security
that (1) confers upon the holder the | ||||||
12 | right to vote for the election of members
of the board
of | ||||||
13 | directors or similar governing body of the business or (2) is | ||||||
14 | convertible
into, or entitles
the holder to receive upon its | ||||||
15 | exercise, a security that confers such a right
to
vote. A
| ||||||
16 | general partnership interest is a voting security.
| ||||||
17 | To require that bids and contracts include a certification | ||||||
18 | by the bidder
or
contractor that the bidder or contractor is | ||||||
19 | not barred from bidding for or
entering into a
contract under | ||||||
20 | this Section and that the bidder or contractor acknowledges | ||||||
21 | that
the school
board may declare the contract void if the | ||||||
22 | certification completed pursuant to
this
subsection (b) is | ||||||
23 | false.
| ||||||
24 | (b-5) To require all contracts and agreements that pertain | ||||||
25 | to goods and services and that are intended to generate | ||||||
26 | additional revenue and other remunerations for the school |
| |||||||
| |||||||
1 | district in excess of $1,000, including without limitation | ||||||
2 | vending machine contracts, sports and other attire, class | ||||||
3 | rings, and photographic services, to be approved by the school | ||||||
4 | board. The school board shall file as an attachment to its | ||||||
5 | annual budget a report, in a form as determined by the State | ||||||
6 | Board of Education, indicating for the prior year the name of | ||||||
7 | the vendor, the product or service provided, and the actual net | ||||||
8 | revenue and non-monetary remuneration from each of the | ||||||
9 | contracts or agreements. In addition, the report shall indicate | ||||||
10 | for what purpose the revenue was used and how and to whom the | ||||||
11 | non-monetary remuneration was distributed.
| ||||||
12 | (b-10) To prohibit any contract to purchase food with a | ||||||
13 | bidder or offeror if the bidder's or offeror's contract terms | ||||||
14 | prohibit the school from donating food to food banks, | ||||||
15 | including, but not limited to, homeless shelters, food | ||||||
16 | pantries, and soup kitchens. | ||||||
17 | (c) If the State education purchasing entity creates a | ||||||
18 | master contract as defined in Article 28A of this Code, then | ||||||
19 | the State education purchasing entity shall notify school | ||||||
20 | districts of the existence of the master contract. | ||||||
21 | (d) In purchasing supplies, materials, equipment, or | ||||||
22 | services that are not subject to subsection (c) of this | ||||||
23 | Section, before a school district solicits bids or awards a | ||||||
24 | contract, the district may review and consider as a bid under | ||||||
25 | subsection (a) of this Section certified education purchasing | ||||||
26 | contracts that are already available through the State |
| |||||||
| |||||||
1 | education purchasing entity. | ||||||
2 | (Source: P.A. 101-570, eff. 8-23-19.)
| ||||||
3 | Section 30. The Illinois Public Aid Code is amended by | ||||||
4 | changing Sections 6-1.2, 6-2, and 6-10 as follows:
| ||||||
5 | (305 ILCS 5/6-1.2) (from Ch. 23, par. 6-1.2)
| ||||||
6 | Sec. 6-1.2. Need. Income available to the person, when | ||||||
7 | added to
contributions in money, substance, or services from | ||||||
8 | other sources,
including contributions from legally | ||||||
9 | responsible relatives, must be
insufficient to equal the grant | ||||||
10 | amount established by Department regulation
(or by local | ||||||
11 | governmental unit in units which do not receive State funds)
| ||||||
12 | for such a person.
| ||||||
13 | In determining income to be taken into account:
| ||||||
14 | (1) The first $75 of earned income in income assistance | ||||||
15 | units
comprised exclusively of one adult person shall be | ||||||
16 | disregarded, and for not
more than 3 months in any 12 | ||||||
17 | consecutive months that portion
of earned income beyond the | ||||||
18 | first $75 that is the difference between the
standard of | ||||||
19 | assistance and the grant amount, shall be disregarded.
| ||||||
20 | (2) For income assistance units not comprised | ||||||
21 | exclusively of one adult
person, when authorized by rules | ||||||
22 | and regulations of the Illinois
Department, a portion of | ||||||
23 | earned income, not to exceed the first $25 a month
plus 50% | ||||||
24 | of the next $75, may be disregarded for the purpose of |
| |||||||
| |||||||
1 | stimulating
and aiding rehabilitative effort and | ||||||
2 | self-support activity.
| ||||||
3 | "Earned income" means money earned in self-employment or | ||||||
4 | wages, salary,
or commission for personal services performed as | ||||||
5 | an employee. The eligibility
of any applicant for or recipient | ||||||
6 | of public aid under this Article is not
affected by the payment | ||||||
7 | of any grant under the "Senior Citizens and Persons with | ||||||
8 | Disabilities Property Tax Relief Act", any
refund
or payment of | ||||||
9 | the federal Earned Income Tax Credit, any rebate authorized | ||||||
10 | under Section 2201(a) of the Coronavirus Aid, Relief, and | ||||||
11 | Economic Security Act (Public Law 116-136) or under any other | ||||||
12 | federal economic stimulus program created in response to the | ||||||
13 | COVID-19 emergency, or any distributions or
items of income | ||||||
14 | described under subparagraph (X) of
paragraph (2) of subsection | ||||||
15 | (a) of Section 203 of the Illinois Income Tax
Act.
| ||||||
16 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
17 | (305 ILCS 5/6-2) (from Ch. 23, par. 6-2)
| ||||||
18 | Sec. 6-2. Amount of aid. The amount and nature of General | ||||||
19 | Assistance
for basic maintenance requirements shall be | ||||||
20 | determined in accordance
with local budget standards for local | ||||||
21 | governmental units which do not receive
State funds. For local | ||||||
22 | governmental units which do receive State funds,
the amount and | ||||||
23 | nature of General Assistance for basic maintenance | ||||||
24 | requirements
shall be determined in accordance with the | ||||||
25 | standards, rules and regulations
of the Illinois Department. |
| |||||||
| |||||||
1 | However,
the amount and nature of any
financial aid is not | ||||||
2 | affected by the payment of any grant under the
Senior Citizens | ||||||
3 | and Persons with Disabilities Property Tax Relief Act , any | ||||||
4 | rebate authorized under Section 2201(a) of the Coronavirus Aid, | ||||||
5 | Relief, and Economic Security Act (Public Law 116-136) or under | ||||||
6 | any other federal economic stimulus program created in response | ||||||
7 | to the COVID-19 emergency,
or any distributions or items of | ||||||
8 | income described under subparagraph (X) of
paragraph (2) of | ||||||
9 | subsection (a) of Section 203 of the Illinois Income Tax
Act. | ||||||
10 | Due regard shall be given to the
requirements and the | ||||||
11 | conditions existing in each case, and to the income,
money | ||||||
12 | contributions and other support and resources available, from
| ||||||
13 | whatever source. In local governmental units which do not | ||||||
14 | receive State
funds, the grant shall be sufficient when added | ||||||
15 | to all other income, money
contributions and support in excess | ||||||
16 | of any excluded income or resources, to
provide the person with | ||||||
17 | a grant in the amount established for such a person
by the | ||||||
18 | local governmental unit based upon standards meeting basic
| ||||||
19 | maintenance requirements. In local governmental units which
do | ||||||
20 | receive State funds, the grant shall be sufficient when added | ||||||
21 | to all
other income, money contributions and support in excess | ||||||
22 | of any excluded
income or resources, to provide the person with | ||||||
23 | a grant in the amount
established for such a person by | ||||||
24 | Department regulation based upon standards
providing a | ||||||
25 | livelihood compatible with health and well-being, as directed
| ||||||
26 | by Section 12-4.11 of this Code.
|
| |||||||
| |||||||
1 | The Illinois Department may conduct special projects, | ||||||
2 | which may be
known as Grant Diversion Projects, under which | ||||||
3 | recipients of financial aid
under this Article are placed in | ||||||
4 | jobs and their grants are diverted to the
employer who in turn | ||||||
5 | makes payments to the recipients in the form of salary
or other | ||||||
6 | employment benefits. The Illinois Department shall by rule | ||||||
7 | specify
the terms and conditions of such Grant Diversion | ||||||
8 | Projects. Such projects
shall take into consideration and be | ||||||
9 | coordinated with the programs
administered under the Illinois | ||||||
10 | Emergency Employment Development Act.
| ||||||
11 | The allowances provided under Article IX for recipients | ||||||
12 | participating in
the training and rehabilitation programs | ||||||
13 | shall be in addition to such
maximum payment.
| ||||||
14 | Payments may also be made to provide persons receiving | ||||||
15 | basic
maintenance support with necessary treatment, care and | ||||||
16 | supplies required
because of illness or disability or with | ||||||
17 | acute medical treatment, care,
and supplies.
Payments for | ||||||
18 | necessary or acute medical
care under
this paragraph may be | ||||||
19 | made to or in behalf of the person. Obligations
incurred for | ||||||
20 | such services but not paid for at the time of a recipient's
| ||||||
21 | death may be paid, subject to the rules and regulations of the | ||||||
22 | Illinois
Department, after the death of the recipient.
| ||||||
23 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
24 | (305 ILCS 5/6-10) (from Ch. 23, par. 6-10)
| ||||||
25 | Sec. 6-10. Emergency financial assistance. Except in a |
| |||||||
| |||||||
1 | city, village or
incorporated town of more than 500,000 | ||||||
2 | population, when an applicant
resides in the local governmental | ||||||
3 | unit in which he makes application,
emergency financial | ||||||
4 | assistance to alleviate life-threatening circumstances
or to | ||||||
5 | assist the individual in attaining self-sufficiency may be | ||||||
6 | given to
or in behalf of the applicant. The emergency | ||||||
7 | assistance so given shall be
by vendor payment in an amount | ||||||
8 | necessary to meet the need, up to the maximum
established by | ||||||
9 | the local governmental unit. Emergency assistance
shall not be | ||||||
10 | granted under this Section more than once to any applicant
| ||||||
11 | during any 12 consecutive month period. Persons currently | ||||||
12 | receiving
financial assistance
under this Article or under any | ||||||
13 | other Article of this Code shall not be eligible
for emergency | ||||||
14 | financial assistance under this Section. However, the amount | ||||||
15 | and nature of any emergency financial assistance is not | ||||||
16 | affected by the payment of any rebate authorized under Section | ||||||
17 | 2201(a) of the Coronavirus Aid, Relief, and Economic Security | ||||||
18 | Act (Public Law 116-136) or under any other federal economic | ||||||
19 | stimulus program created in response to the COVID-19 emergency. | ||||||
20 | Persons receiving
only medical assistance from the Illinois | ||||||
21 | Department may, however, receive
emergency financial | ||||||
22 | assistance under this Section. Emergency
financial assistance | ||||||
23 | may be provided under this Section to persons who are
| ||||||
24 | applicants for public aid from the Illinois Department in order | ||||||
25 | to cover
time periods prior to receipt of public aid from the | ||||||
26 | Illinois Department.
A local governmental unit may use General |
| |||||||
| |||||||
1 | Assistance moneys to provide
emergency financial assistance | ||||||
2 | under this Section but shall not use State
funds
to provide | ||||||
3 | assistance
under this Section. If a local governmental unit | ||||||
4 | receives State funds to
provide General Assistance under this | ||||||
5 | Article, assistance provided by the
local governmental unit | ||||||
6 | under
this Section shall not be considered in determining | ||||||
7 | whether a local
governmental unit has qualified to receive | ||||||
8 | State funds under Article XII.
A local governmental unit which | ||||||
9 | provides assistance under this Section
shall not, as a result | ||||||
10 | of payment of such assistance, change the nature or
amount of | ||||||
11 | assistance provided to any other individual or family under | ||||||
12 | this
Article.
| ||||||
13 | (Source: P.A. 88-412.)
| ||||||
14 | Section 35. The Housing Authorities Act is amended by | ||||||
15 | changing Sections 8.2, 14, and 24 as follows:
| ||||||
16 | (310 ILCS 10/8.2) (from Ch. 67 1/2, par. 8.2)
| ||||||
17 | Sec. 8.2. Projects; competitive bidding; arrangement with | ||||||
18 | for-profit developer. An Authority has power to prepare, carry | ||||||
19 | out and operate
projects; to provide for the construction, | ||||||
20 | reconstruction, improvement,
alteration or repair of any | ||||||
21 | project or any part thereof; to take over by
purchase, lease, | ||||||
22 | or otherwise any project undertaken by any government;
to act | ||||||
23 | as agent for the Federal government in connection with the
| ||||||
24 | acquisition, construction, operation, or management of a |
| |||||||
| |||||||
1 | project or any
part thereof; to arrange with any government | ||||||
2 | within the area of
operation for the furnishing, planning, | ||||||
3 | replanning, opening or closing
of streets, roads, roadways, | ||||||
4 | alleys, parks, or other places of public
facilities or for the | ||||||
5 | acquisition by any government or any agency,
instrumentality or | ||||||
6 | subdivision thereof, of property, options or property
rights or | ||||||
7 | for the furnishing of property or services in connection with
a | ||||||
8 | project; to function as an agency of the city, village, | ||||||
9 | incorporated
town or county for which it is constituted an | ||||||
10 | Authority and to act as an
agent (when so designated) for any | ||||||
11 | government, with respect to matters
relating to housing and the | ||||||
12 | purposes of this Act, including action for
the elimination of | ||||||
13 | unsafe and unsanitary dwellings, the provision of
rental | ||||||
14 | assistance, the clearing and redevelopment of blighted or slum
| ||||||
15 | areas, the assembly of improved and unimproved land for | ||||||
16 | development or
redevelopment purposes, the conservation and | ||||||
17 | rehabilitation of existing
housing, and the provision of | ||||||
18 | decent, safe and sanitary and affordable
housing | ||||||
19 | accommodations, and to utilize any and all of its powers to | ||||||
20 | assist
governments in any manner which will tend to further the | ||||||
21 | objectives of this
Act; to assist through the exercise of the | ||||||
22 | powers herein conferred any
individual, association, | ||||||
23 | corporation or organization which presents a plan
for | ||||||
24 | developing or redeveloping any property within the area of | ||||||
25 | operation of
the Authority which will tend to provide decent, | ||||||
26 | safe and sanitary and
affordable housing, or promote other uses |
| |||||||
| |||||||
1 | essential to sound community growth.
| ||||||
2 | In counties having a population of less than 1,000,000, any | ||||||
3 | contract
in which State funds are used for repair, improvement | ||||||
4 | or rehabilitation
of existing improvements that involves | ||||||
5 | expenditures that meet the
requirements applicable to either | ||||||
6 | federal or State programs shall be let by
free and competitive | ||||||
7 | bidding to the lowest responsible bidder upon bond and
subject | ||||||
8 | to regulations as may be set by the Department and with the | ||||||
9 | written
approval of the Department. In the case of an emergency | ||||||
10 | affecting the
public health or safety declared by a majority | ||||||
11 | vote of the commissioners of
the Housing Authority, contracts | ||||||
12 | may be let, to the extent necessary to
resolve an emergency, | ||||||
13 | without public advertisement or competitive bidding.
| ||||||
14 | In addition to the powers conferred by this Act and other | ||||||
15 | laws concerning housing authorities, a Housing Authority in any | ||||||
16 | municipality or county having a population in excess of | ||||||
17 | 1,000,000 shall be authorized to participate as a partner or | ||||||
18 | member of a partnership, limited liability company, joint | ||||||
19 | venture, or other form of a business arrangement with a | ||||||
20 | for-profit developer or non-profit developer and shall have all | ||||||
21 | powers deemed necessary and appropriate to engage in the | ||||||
22 | rehabilitation and development or ownership, or both | ||||||
23 | development and ownership, of low-income and mixed-income | ||||||
24 | rental and for-sale housing as a partner or member of a | ||||||
25 | partnership, limited liability company, or joint venture. | ||||||
26 | (Source: P.A. 95-887, eff. 8-22-08.)
|
| |||||||
| |||||||
1 | (310 ILCS 10/14) (from Ch. 67 1/2, par. 14)
| ||||||
2 | Sec. 14. Approval of projects by Department. Prior to the | ||||||
3 | acquisition of title to any real property an
Authority shall | ||||||
4 | submit to the Department
data as to the location and cost of | ||||||
5 | the property, and prior to the
undertaking of any construction | ||||||
6 | or other initiation of a project an
Authority shall submit to | ||||||
7 | the Department the
proposed plans, specifications and | ||||||
8 | estimates of the costs and a
statement of the proposed methods | ||||||
9 | of financing and operating the
project. An Authority shall not | ||||||
10 | finally acquire title to any real
estate nor undertake the | ||||||
11 | construction or operation of a project without
the approval of | ||||||
12 | the Department; provided that, if the
Department shall fail | ||||||
13 | within thirty days
after receipt thereof to state its | ||||||
14 | disapproval of the proposals or such
modifications thereof as | ||||||
15 | it may deem desirable, the proposals shall be
deemed to have | ||||||
16 | been approved as submitted. No change involving an
expenditure | ||||||
17 | of more than twenty-five hundred dollars ($2500) shall be
made | ||||||
18 | in any proposal approved by the Department
without submission | ||||||
19 | to the Department
in the manner prescribed in this Section. The | ||||||
20 | provisions of this
Section shall not apply with reference to | ||||||
21 | any project which is or is to
be financed in whole or in part by | ||||||
22 | the federal government or any agency
or instrumentality thereof | ||||||
23 | or undertaken pursuant to the additional powers conferred in | ||||||
24 | Section 8.2 upon housing authorities in any municipality or | ||||||
25 | county having a population in excess of 1,000,000 pursuant to |
| |||||||
| |||||||
1 | this amendatory Act of the 95th General Assembly .
| ||||||
2 | (Source: P.A. 95-887, eff. 8-22-08.)
| ||||||
3 | (310 ILCS 10/24) (from Ch. 67 1/2, par. 24)
| ||||||
4 | Sec. 24. Management and operation of housing projects. It | ||||||
5 | is hereby declared to be the policy of this State that each | ||||||
6 | housing
authority shall manage and operate its housing projects | ||||||
7 | in an efficient
manner so as to enable it to fix the rentals | ||||||
8 | for dwellings at the lowest
possible rates consistent with its | ||||||
9 | providing decent, safe and sanitary
and affordable dwellings, | ||||||
10 | and that no Housing Authority shall construct
or operate any | ||||||
11 | project for profit, or as a source of revenue to a city,
| ||||||
12 | village, incorporated town or county. To this end an Authority | ||||||
13 | shall fix
the rentals for dwellings in its projects at no | ||||||
14 | higher rates than it shall
find to be necessary in order to | ||||||
15 | produce revenues which (together with all
other available | ||||||
16 | moneys, revenues, income and receipts of the Authority from
| ||||||
17 | whatever sources derived) will be sufficient (a) to pay, as the | ||||||
18 | same
becomes due, the principal and interest on the bonds of | ||||||
19 | the Authority; (b)
to meet and provide for the cost of | ||||||
20 | maintaining and operating the projects
(including the cost of | ||||||
21 | any insurance on the projects or bonds issued
therefor) and the | ||||||
22 | administrative expenses of the Authority; (c) to create
(during | ||||||
23 | not less than the ten years immediately succeeding its issuance | ||||||
24 | of
any bonds) a reserve sufficient to meet the large principal | ||||||
25 | and interest
payments which will be due on bonds in any 2 |
| |||||||
| |||||||
1 | consecutive years
thereafter, and to maintain a reserve; and | ||||||
2 | (d) to create a reasonable
reserve solely from any | ||||||
3 | contributions or grants to the Authority from the
federal | ||||||
4 | government, the State, or any political subdivision of the | ||||||
5 | State
for the purpose of meeting the cost of maintaining and | ||||||
6 | operating the
project and of paying the principal and interest | ||||||
7 | on its bonds.
The management of low-rent public housing | ||||||
8 | projects financed and developed
under the U.S. Housing Act of | ||||||
9 | 1937, as now or hereafter amended, shall be
in accordance with | ||||||
10 | the provisions of that Act. The provisions of this Section 24 | ||||||
11 | shall not apply to any project undertaken pursuant to the | ||||||
12 | additional powers conferred in Section 8.2 upon housing | ||||||
13 | authorities in any municipality or county having a population | ||||||
14 | in excess of 1,000,000 pursuant to this amendatory Act of the | ||||||
15 | 95th General Assembly .
| ||||||
16 | (Source: P.A. 95-887, eff. 8-22-08.)
| ||||||
17 | Section 90. The State Mandates Act is amended by adding | ||||||
18 | Section 8.44 as follows:
| ||||||
19 | (30 ILCS 805/8.44 new) | ||||||
20 | Sec. 8.44. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
21 | of this Act, no reimbursement by the State is required for the | ||||||
22 | implementation of any mandate created by Section 4-7 of the | ||||||
23 | Illinois Local Library Act or Section 30-55.60 of the Public | ||||||
24 | Library District Act of 1991.
|
| |||||||
| |||||||
1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.
|