Bill Text: IL HB4342 | 2021-2022 | 102nd General Assembly | Engrossed

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Bill Title: 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.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2022-05-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB4342 Detail]

Download: Illinois-2021-HB4342-Engrossed.html

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HB4342 Engrossed LRB102 22472 AWJ 31612 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. 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

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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
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 $30,000

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$25,000, or a lower amount if required by board policy,
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 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 fuel (such as diesel, gasoline, oil,
aviation, or propane), lubricants, or other petroleum
products, 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

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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 $30,000 $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. Each bidder must receive at
least 3 days notice of the time and place of the bid
opening.
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

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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 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.

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(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.
(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

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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. 101-304, eff. 8-9-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.