99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3306

 

Introduced 2/19/2016, by Sen. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 605/605-705  was 20 ILCS 605/46.6a
55 ILCS 5/5-1005  from Ch. 34, par. 5-1005
60 ILCS 1/85-10
65 ILCS 5/11-100-3 new
70 ILCS 1205/8-1  from Ch. 105, par. 8-1
70 ILCS 1505/26.3  from Ch. 105, par. 333.23n

    Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that park districts, and local recreation departments of any municipality, county, or township that operates a public recreation department, public recreation program, or public recreation facilities may receive grants to support activities promoting tourism. Amends the Counties Code, the Township Code, the Illinois Municipal Code, the Park District Code, and the Chicago Park District Act making conforming changes.


LRB099 20765 AWJ 45430 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3306LRB099 20765 AWJ 45430 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 Department of Commerce and Economic
5Opportunity Law of the Civil Administrative Code of Illinois is
6amended by changing Section 605-705 as follows:
 
7    (20 ILCS 605/605-705)  (was 20 ILCS 605/46.6a)
8    Sec. 605-705. Grants to local tourism and convention
9bureaus.
10    (a) To establish a grant program for local tourism and
11convention bureaus. The Department will develop and implement a
12program for the use of funds, as authorized under this Act, by
13local tourism and convention bureaus. For the purposes of this
14Act, bureaus eligible to receive funds are those local tourism
15and convention bureaus that are (i) either units of local
16government or incorporated as not-for-profit organizations;
17(ii) in legal existence for a minimum of 2 years before July 1,
182001; (iii) operating with a paid, full-time staff whose sole
19purpose is to promote tourism in the designated service area;
20and (iv) affiliated with one or more municipalities or counties
21that support the bureau with local hotel-motel taxes. After
22July 1, 2001, bureaus requesting certification in order to
23receive funds for the first time must be local tourism and

 

 

SB3306- 2 -LRB099 20765 AWJ 45430 b

1convention bureaus that are (i) either units of local
2government or incorporated as not-for-profit organizations;
3(ii) in legal existence for a minimum of 2 years before the
4request for certification; (iii) operating with a paid,
5full-time staff whose sole purpose is to promote tourism in the
6designated service area; and (iv) affiliated with multiple
7municipalities or counties that support the bureau with local
8hotel-motel taxes. Each bureau receiving funds under this Act
9will be certified by the Department as the designated recipient
10to serve an area of the State. Notwithstanding the criteria set
11forth in this subsection (a), or any rule adopted under this
12subsection (a), the Director of the Department may: provide for
13the award of grant funds to one or more entities if in the
14Department's judgment that action is necessary in order to
15prevent a loss of funding critical to promoting tourism in a
16designated geographic area of the State; and provide for the
17award of grant funds to park districts and local recreation
18departments in support of activities that promote tourism in
19Illinois and bring outside visitors into a park district's or
20local recreational department's community.
21    (b) To distribute grants to local tourism and convention
22bureaus, park districts, and local recreation departments from
23appropriations made from the Local Tourism Fund for that
24purpose. Of the amounts appropriated annually to the Department
25for expenditure under this Section prior to July 1, 2011,
26one-third of those monies shall be used for grants to

 

 

SB3306- 3 -LRB099 20765 AWJ 45430 b

1convention and tourism bureaus in cities with a population
2greater than 500,000. The remaining two-thirds of the annual
3appropriation prior to July 1, 2011 shall be used for grants to
4convention and tourism bureaus in the remainder of the State,
5in accordance with a formula based upon the population served.
6Of the amounts appropriated annually to the Department for
7expenditure under this Section beginning July 1, 2011, 18% of
8such moneys shall be used for grants to convention and tourism
9bureaus in cities with a population greater than 500,000. Of
10the amounts appropriated annually to the Department for
11expenditure under this Section beginning July 1, 2011, 82% of
12such moneys shall be used for grants to convention bureaus in
13the remainder of the State, in accordance with a formula based
14upon the population served. The Department may reserve up to
1510% of total local tourism funds available for costs of
16administering the program to conduct audits of grants, to
17provide incentive funds to those bureaus that will conduct
18promotional activities designed to further the Department's
19statewide advertising campaign, to fund special statewide
20promotional activities, and to fund promotional activities
21that support an increased use of the State's parks or historic
22sites. The Department shall require that any convention and
23tourism bureau receiving a grant under this Section that
24requires matching funds shall provide matching funds equal to
25no less than 50% of the grant amount. During fiscal year 2013,
26the Department shall reserve $2,000,000 of the available local

 

 

SB3306- 4 -LRB099 20765 AWJ 45430 b

1tourism funds for appropriation to the Historic Preservation
2Agency for the operation of the Abraham Lincoln Presidential
3Library and Museum and State historic sites.
4    (c) For purposes of this Section:
5    "Local recreation department" means any municipality,
6county, or township that operates a public recreation
7department, public recreation program, or public recreation
8facilities.
9    "Park district" means any park district created under the
10Park District Code or the Chicago Park District Act.
11(Source: P.A. 97-617, eff. 10-26-11; 97-732, eff. 6-30-12;
1298-252, eff. 8-9-13.)
 
13    Section 10. The Counties Code is amended by changing
14Section 5-1005 as follows:
 
15    (55 ILCS 5/5-1005)  (from Ch. 34, par. 5-1005)
16    Sec. 5-1005. Powers. Each county shall have power:
17        1. To purchase and hold the real and personal estate
18    necessary for the uses of the county, and to purchase and
19    hold, for the benefit of the county, real estate sold by
20    virtue of judicial proceedings in which the county is
21    plaintiff.
22        2. To sell and convey or lease any real or personal
23    estate owned by the county.
24        3. To make all contracts and do all other acts in

 

 

SB3306- 5 -LRB099 20765 AWJ 45430 b

1    relation to the property and concerns of the county
2    necessary to the exercise of its corporate powers.
3        4. To take all necessary measures and institute
4    proceedings to enforce all laws for the prevention of
5    cruelty to animals.
6        5. To purchase and hold or lease real estate upon which
7    may be erected and maintained buildings to be utilized for
8    purposes of agricultural experiments and to purchase, hold
9    and use personal property for the care and maintenance of
10    such real estate in connection with such experimental
11    purposes.
12        6. To cause to be erected, or otherwise provided,
13    suitable buildings for, and maintain a county hospital and
14    necessary branch hospitals and/or a county sheltered care
15    home or county nursing home for the care of such sick,
16    chronically ill or infirm persons as may by law be proper
17    charges upon the county, or upon other governmental units,
18    and to provide for the management of the same. The county
19    board may establish rates to be paid by persons seeking
20    care and treatment in such hospital or home in accordance
21    with their financial ability to meet such charges, either
22    personally or through a hospital plan or hospital
23    insurance, and the rates to be paid by governmental units,
24    including the State, for the care of sick, chronically ill
25    or infirm persons admitted therein upon the request of such
26    governmental units. Any hospital maintained by a county

 

 

SB3306- 6 -LRB099 20765 AWJ 45430 b

1    under this Section is authorized to provide any service and
2    enter into any contract or other arrangement not prohibited
3    for a hospital that is licensed under the Hospital
4    Licensing Act, incorporated under the General
5    Not-For-Profit Corporation Act, and exempt from taxation
6    under paragraph (3) of subsection (c) of Section 501 of the
7    Internal Revenue Code.
8        7. To contribute such sums of money toward erecting,
9    building, maintaining, and supporting any non-sectarian
10    public hospital located within its limits as the county
11    board of the county shall deem proper.
12        8. To purchase and hold real estate for the
13    preservation of forests, prairies and other natural areas
14    and to maintain and regulate the use thereof.
15        9. To purchase and hold real estate for the purpose of
16    preserving historical spots in the county, to restore,
17    maintain and regulate the use thereof and to donate any
18    historical spot to the State.
19        10. To appropriate funds from the county treasury to be
20    used in any manner to be determined by the board for the
21    suppression, eradication and control of tuberculosis among
22    domestic cattle in such county.
23        11. To take all necessary measures to prevent forest
24    fires and encourage the maintenance and planting of trees
25    and the preservation of forests.
26        12. To authorize the closing on Saturday mornings of

 

 

SB3306- 7 -LRB099 20765 AWJ 45430 b

1    all offices of all county officers at the county seat of
2    each county, and to otherwise regulate and fix the days and
3    the hours of opening and closing of such offices, except
4    when the days and the hours of opening and closing of the
5    office of any county officer are otherwise fixed by law;
6    but the power herein conferred shall not apply to the
7    office of State's Attorney and the offices of judges and
8    clerks of courts and, in counties of 500,000 or more
9    population, the offices of county clerk.
10        13. To provide for the conservation, preservation and
11    propagation of insectivorous birds through the expenditure
12    of funds provided for such purpose.
13        14. To appropriate funds from the county treasury and
14    expend the same for care and treatment of tuberculosis
15    residents.
16        15. In counties having less than 1,000,000
17    inhabitants, to take all necessary or proper steps for the
18    extermination of mosquitoes, flies or other insects within
19    the county.
20        16. To install an adequate system of accounts and
21    financial records in the offices and divisions of the
22    county, suitable to the needs of the office and in
23    accordance with generally accepted principles of
24    accounting for governmental bodies, which system may
25    include such reports as the county board may determine.
26        17. To purchase and hold real estate for the

 

 

SB3306- 8 -LRB099 20765 AWJ 45430 b

1    construction and maintenance of motor vehicle parking
2    facilities for persons using county buildings, but the
3    purchase and use of such real estate shall not be for
4    revenue producing purposes.
5        18. To acquire and hold title to real property located
6    within the county, or partly within and partly outside the
7    county by dedication, purchase, gift, legacy or lease, for
8    park and recreational purposes; and to charge reasonable
9    fees for the use of or admission to any such park or
10    recreational area; and to provide police protection for
11    such park or recreational area. Personnel employed to
12    provide such police protection shall be conservators of the
13    peace within such park or recreational area and shall have
14    power to make arrests on view of the offense or upon
15    warrants for violation of any of the ordinances governing
16    such park or recreational area or for any breach of the
17    peace in the same manner as the police in municipalities
18    organized and existing under the general laws of the State.
19    All such real property outside the county shall be
20    contiguous to the county and within the boundaries of the
21    State of Illinois.
22        19. To appropriate funds from the county treasury to be
23    used to provide supportive social services designed to
24    prevent the unnecessary institutionalization of elderly
25    residents, or, for operation of, and equipment for, senior
26    citizen centers providing social services to elderly

 

 

SB3306- 9 -LRB099 20765 AWJ 45430 b

1    residents.
2        20. To appropriate funds from the county treasury and
3    loan such funds to a county water commission created under
4    the "Water Commission Act", approved June 30, 1984, as now
5    or hereafter amended, in such amounts and upon such terms
6    as the county may determine or the county and the
7    commission may agree. The county shall not under any
8    circumstances be obligated to make such loans. The county
9    shall not be required to charge interest on any such loans.
10        21. To appropriate and expend funds from the county
11    treasury for economic development purposes, including the
12    making of grants to any other governmental entity or
13    commercial enterprise deemed necessary or desirable for
14    the promotion of economic development in the county.
15        22. To lease space on a telecommunications tower to a
16    public or private entity.
17        23. In counties having a population of 100,000 or less
18    and a public building commission organized by the county
19    seat of the county, to cause to be erected or otherwise
20    provided, and to maintain or cause to be maintained,
21    suitable facilities to house students pursuing a
22    post-secondary education at an academic institution
23    located within the county. The county may provide for the
24    management of the facilities.
25        24. To apply for and receive tourism grants under
26    Section 605-705 of the Department of Commerce and Economic

 

 

SB3306- 10 -LRB099 20765 AWJ 45430 b

1    Opportunity Law of the Civil Administrative Code of
2    Illinois for any public recreation department, public
3    recreation program, or public recreation facilities
4    operated by the county.
5    All contracts for the purchase of coal under this Section
6shall be subject to the provisions of "An Act concerning the
7use of Illinois mined coal in certain plants and institutions",
8filed July 13, 1937, as amended.
9(Source: P.A. 95-197, eff. 8-16-07; 95-813, eff. 1-1-09;
1096-622, eff. 8-24-09.)
 
11    Section 15. The Township Code is amended by changing
12Section 85-10 as follows:
 
13    (60 ILCS 1/85-10)
14    Sec. 85-10. Township corporate powers.
15    (a) Every township has the corporate capacity to exercise
16the powers granted to it, or necessarily implied, and no
17others. Every township has the powers specified in this
18Section.
19    (b) A township may sue and be sued.
20    (c) A township may acquire (by purchase, gift, or legacy)
21and hold property, both real and personal, for the use of its
22inhabitants and may sell and convey that property. A township
23may purchase any real estate or personal property for public
24purposes under contracts providing for payment in installments

 

 

SB3306- 11 -LRB099 20765 AWJ 45430 b

1over a period of time of not more than 20 years in the case of
2real estate and not more than 10 years in the case of personal
3property. A township may finance the purchase of any real
4estate or personal property for public purpose under finance
5contracts providing for payment in installments over a period
6of time of not more than 20 years in the case of real estate and
7not more than 10 years in the case of personal property. A
8township may construct a township hall under contracts
9providing for payment over a period of time of not more than 20
10years. The interest on the unpaid balance shall not exceed that
11permitted in the Bond Authorization Act.
12    (d) A township may make all contracts necessary in the
13exercise of the township's powers.
14    (e) A township may expend or contract for the expenditure
15of any federal funds made available to the township by law for
16any purpose for which taxes imposed upon township property or
17property within the township may be expended.
18    (f) A township may acquire (singly or jointly with a
19municipality or municipalities) land or any interest in land
20located within its township limits. The township may acquire
21the land or interest by gift, purchase, or otherwise, but not
22by condemnation. A township may (singly or jointly) improve or
23arrange for the improvement of the land for industrial or
24commercial purposes and may donate and convey the land or
25interest in land so acquired and so improved to the Illinois
26Finance Authority.

 

 

SB3306- 12 -LRB099 20765 AWJ 45430 b

1    (g) (Blank)
2    (h) It is the policy of this State that all powers granted
3either expressly or by necessary implication by this Code, any
4other Illinois statute, or the Illinois Constitution to
5townships may be exercised by those townships notwithstanding
6effects on competition. It is the intention of the General
7Assembly that the "State action exemption" to the application
8of federal antitrust statutes be fully available to townships
9to the extent their activities are authorized by law as stated
10in this Code.
11    (i) A township may receive funds under the federal Housing
12and Community Development Act of 1974 and may expend or
13contract for the expenditure of those funds and other township
14funds for the activities specified in Section 105 of that Act.
15The powers granted under this subsection (i) are in addition to
16powers otherwise possessed by a township and shall not be
17construed as a limitation of those other powers.
18    (j) A township may establish reasonable fees for recreation
19and instructional programs sponsored by the township.
20    (k) A township that operates a public recreation
21department, public recreation program, or public recreation
22facilities may apply for and receive tourism grants under
23Section 605-705 of the Department of Commerce and Economic
24Opportunity Law of the Civil Administrative Code of Illinois.
25(Source: P.A. 97-549, eff. 8-25-11.)
 

 

 

SB3306- 13 -LRB099 20765 AWJ 45430 b

1    Section 20. The Illinois Municipal Code is amended by
2adding Section 11-100-3 as follows:
 
3    (65 ILCS 5/11-100-3 new)
4    Sec. 11-100-3. Grants allowed. A municipality that
5operates a public department, public recreation program, or
6public recreation facilities may apply for and receive tourism
7grants under Section 605-705 of the Department of Commerce and
8Economic Opportunity Law of the Civil Administrative Code of
9Illinois.
 
10    Section 25. The Park District Code is amended by changing
11Section 8-1 as follows:
 
12    (70 ILCS 1205/8-1)  (from Ch. 105, par. 8-1)
13    Sec. 8-1. General corporate powers. Every park district
14shall, from the time of its organization, be a body corporate
15and politic by the name set forth in the petition for its
16organization, the specific name set forth in this Code, or the
17name it may adopt under Section 8-9 and shall have and exercise
18the following powers:
19    (a) To adopt a corporate seal and alter the same at
20pleasure; to sue and be sued; and to contract in furtherance of
21any of its corporate purposes.
22    (b) (1) To acquire by gift, legacy, grant or purchase, or
23by condemnation in the manner provided for the exercise of the

 

 

SB3306- 14 -LRB099 20765 AWJ 45430 b

1power of eminent domain under the Eminent Domain Act, any and
2all real estate, or rights therein necessary for building,
3laying out, extending, adorning and maintaining any such parks,
4boulevards and driveways, or for effecting any of the powers or
5purposes granted under this Code as its board may deem proper,
6whether such lands be located within or without such district;
7but no park district, except as provided in paragraph (2) of
8this subsection, shall have any power of condemnation in the
9manner provided for the exercise of the power of eminent domain
10under the Eminent Domain Act or otherwise as to any real
11estate, lands, riparian rights or estate, or other property
12situated outside of such district, but shall only have power to
13acquire the same by gift, legacy, grant or purchase, and such
14district shall have the same control of and power over lands so
15acquired without the district as over parks, boulevards and
16driveways within such district.
17    (2) In addition to the powers granted in paragraph (1) of
18subsection (b), a park district located in more than one
19county, the majority of its territory located in a county over
20450,000 in population and none of its territory located in a
21county over 1,000,000 in population, shall have condemnation
22power in the manner provided for the exercise of the power of
23eminent domain under the Eminent Domain Act or as otherwise
24granted by law as to any and all real estate situated up to one
25mile outside of such district which is not within the
26boundaries of another park district.

 

 

SB3306- 15 -LRB099 20765 AWJ 45430 b

1    (c) To acquire by gift, legacy or purchase any personal
2property necessary for its corporate purposes provided that all
3contracts for supplies, materials or work involving an
4expenditure in excess of $20,000 shall be let to the lowest
5responsible bidder after due advertisement. No district shall
6be required to accept a bid that does not meet the district's
7established specifications, terms of delivery, quality, and
8serviceability requirements. Contracts which, by their nature,
9are not adapted to award by competitive bidding, such as
10contracts for the services of individuals possessing a high
11degree of professional skill where the ability or fitness of
12the individual plays an important part, contracts for the
13printing of finance committee reports and departmental
14reports, contracts for the printing or engraving of bonds, tax
15warrants and other evidences of indebtedness, contracts for
16utility services such as water, light, heat, telephone or
17telegraph, contracts for the use, purchase, delivery,
18movement, or installation of data processing equipment,
19software, or services and telecommunications and interconnect
20equipment, software, or services, contracts for duplicating
21machines and supplies, contracts for goods or services procured
22from another governmental agency, purchases of equipment
23previously owned by some entity other than the district itself,
24and contracts for the purchase of magazines, books,
25periodicals, pamphlets and reports are not subject to
26competitive bidding. Contracts for emergency expenditures are

 

 

SB3306- 16 -LRB099 20765 AWJ 45430 b

1also exempt from competitive bidding when the emergency
2expenditure is approved by 3/4 of the members of the board.
3    All competitive bids for contracts involving an
4expenditure in excess of $20,000 must be sealed by the bidder
5and must be opened by a member or employee of the park board at
6a public bid opening at which the contents of the bids must be
7announced. Each bidder must receive at least 3 days notice of
8the time and place of the bid opening.
9    For purposes of this subsection, "due advertisement"
10includes, but is not limited to, at least one public notice at
11least 10 days before the bid date in a newspaper published in
12the district or, if no newspaper is published in the district,
13in a newspaper of general circulation in the area of the
14district.
15    (d) To pass all necessary ordinances, rules and regulations
16for the proper management and conduct of the business of the
17board and district and to establish by ordinance all needful
18rules and regulations for the government and protection of
19parks, boulevards and driveways and other property under its
20jurisdiction, and to effect the objects for which such
21districts are formed.
22    (e) To prescribe such fines and penalties for the violation
23of ordinances as it shall deem proper not exceeding $1,000 for
24any one offense, which fines and penalties may be recovered by
25an action in the name of such district in the circuit court for
26the county in which such violation occurred. The park district

 

 

SB3306- 17 -LRB099 20765 AWJ 45430 b

1may also seek in the action, in addition to or instead of fines
2and penalties, an order that the offender be required to make
3restitution for damage resulting from violations, and the court
4shall grant such relief where appropriate. The procedure in
5such actions shall be the same as that provided by law for like
6actions for the violation of ordinances in cities organized
7under the general laws of this State, and offenders may be
8imprisoned for non-payment of fines and costs in the same
9manner as in such cities. All fines when collected shall be
10paid into the treasury of such district.
11    (f) To manage and control all officers and property of such
12districts and to provide for joint ownership with one or more
13cities, villages or incorporated towns of real and personal
14property used for park purposes by one or more park districts.
15In case of joint ownership, the terms of the agreement shall be
16fair, just and equitable to all parties and shall be set forth
17in a written agreement entered into by the corporate
18authorities of each participating district, city, village or
19incorporated town.
20    (g) To secure grants and loans, or either, from the United
21States Government, or any agency or agencies thereof, for
22financing the acquisition or purchase of any and all real
23estate, or rights therein, or for effecting any of the powers
24or purposes granted under this Code as its Board may deem
25proper.
26    (h) To establish fees for the use of facilities and

 

 

SB3306- 18 -LRB099 20765 AWJ 45430 b

1recreational programs of the districts and to derive revenue
2from non-resident fees from their operations. Fees charged
3non-residents of such district need not be the same as fees
4charged to residents of the district. Charging fees or deriving
5revenue from the facilities and recreational programs shall not
6affect the right to assert or utilize any defense or immunity,
7common law or statutory, available to the districts or their
8employees.
9    (i) To make contracts for a term exceeding one year, but
10not to exceed 3 years, notwithstanding any provision of this
11Code to the contrary, relating to: (1) the employment of a park
12director, superintendent, administrator, engineer, health
13officer, land planner, finance director, attorney, police
14chief, or other officer who requires technical training or
15knowledge; (2) the employment of outside professional
16consultants such as engineers, doctors, land planners,
17auditors, attorneys, or other professional consultants who
18require technical training or knowledge; (3) the provision of
19data processing equipment and services; and (4) the purchase of
20energy from a utility or an alternative retail electric
21supplier. With respect to any contract made under this
22subsection (i), the corporate authorities shall include in the
23annual appropriation ordinance for each fiscal year an
24appropriation of a sum of money sufficient to pay the amount
25which, by the terms of the contract, is to become due and
26payable during that fiscal year.

 

 

SB3306- 19 -LRB099 20765 AWJ 45430 b

1    (j) To enter into licensing or management agreements with
2not-for-profit corporations organized under the laws of this
3State to operate park district facilities if the corporation
4covenants to use the facilities to provide public park or
5recreational programs for youth.
6    (k) A park district that operates a public recreation
7department, public recreation program, or public recreation
8facilities may apply for and receive tourism grants under
9Section 605-705 of the Department of Commerce and Economic
10Opportunity Law of the Civil Administrative Code of Illinois.
11(Source: P.A. 98-325, eff. 8-12-13; 98-772, eff. 7-16-14.)
 
12    Section 30. The Chicago Park District Act is amended by
13changing Section 26.3 as follows:
 
14    (70 ILCS 1505/26.3)  (from Ch. 105, par. 333.23n)
15    Sec. 26.3. The Chicago Park District, to carry out the
16purposes of this section, has all the rights and powers over
17its harbor as it does over its other property, and its rights
18and powers include but are not limited to the following:
19        (a) To furnish complete harbor facilities and
20    services, including but not limited to: launching,
21    mooring, docking, storing, and repairing facilities and
22    services; parking facilities for motor vehicles and boat
23    trailers; and roads for access to the harbor.
24        (b) To acquire by gift, legacy, grant, purchase, lease,

 

 

SB3306- 20 -LRB099 20765 AWJ 45430 b

1    or by condemnation in the manner provided for the exercise
2    of the right of eminent domain under the Eminent Domain
3    Act, any property necessary or appropriate for the purposes
4    of this Section, including riparian rights, within or
5    without the Chicago Park District.
6        (c) To use, occupy and reclaim submerged land under the
7    public waters of the State and artificially made or
8    reclaimed land anywhere within the jurisdiction of the
9    Chicago Park District, or in, over, and upon bordering
10    public waters.
11        (d) To acquire property by agreeing on a boundary line
12    in accordance with the provisions of "An Act to enable the
13    commissioners of Lincoln Park to extend certain parks,
14    boulevards and driveways under its control from time to
15    time and granting submerged lands for the purpose of such
16    extensions and providing for the acquisition of riparian
17    rights and shore lands and interests therein for the
18    purpose of such extensions and to defray the cost thereof,"
19    approved May 25, 1931, and "An Act to enable Park
20    Commissioners having control of a park or parks bordering
21    upon public waters in this state, to enlarge and connect
22    the same from time to time by extensions over lands and the
23    bed of such waters, and defining the use which may be made
24    of such extensions, and granting lands for the purpose of
25    such enlargements," approved May 14, 1903, as amended, and
26    the other Statutes pertaining to Park Districts bordering

 

 

SB3306- 21 -LRB099 20765 AWJ 45430 b

1    on navigable waters in the State of Illinois.
2        (e) To locate and establish dock, shore and harbor
3    lines.
4        (f) To license, regulate, and control the use and
5    operation of the harbor, including the operation of all
6    water-borne vessels in the harbor, or otherwise within the
7    jurisdiction of the Chicago Park District.
8        (g) To establish and collect fees for all facilities
9    and services, and compensation for materials furnished.
10    Fees charged nonresidents of such district need not be the
11    same as fees charged to residents of the district.
12        (h) To appoint a director of special services, harbor
13    masters and other personnel, defining their duties and
14    authority.
15        (i) To enter into contracts and leases of every kind,
16    dealing in any manner with the objects and purposes of this
17    section, upon such terms and conditions as the Chicago Park
18    District determines.
19        (j) To establish an impoundment area or areas within
20    the jurisdiction of the Chicago Park District.
21        (k) To remove and store within the impoundment area or
22    areas a water-borne vessel that:
23            (1) is tied or attached to any docks, piers or
24        buoys or other moorings in or upon any harbors or
25        waters of the park system in contravention of those
26        Sections of the Code of the Chicago Park District

 

 

SB3306- 22 -LRB099 20765 AWJ 45430 b

1        pertaining to the use of harbors or any rules
2        promulgated by the general superintendent thereunder;
3            (2) is located in the waters or harbors for a
4        period of 12 hours or more without a proper permit;
5            (3) is abandoned or left unattended in the waters
6        or harbors that impedes navigation on the waters;
7            (4) is impeding navigation on the waters, because
8        the persons in charge are incapacitated due to injury
9        or illness;
10            (5) is abandoned in the waters or harbors for a
11        period of 10 hours or more;
12            (6) is seized under Article 36 of the Criminal Code
13        of 2012, having been used in the commission of a crime;
14            (7) is reported stolen and the owner has not been
15        located after a reasonable search.
16        (l) To impose a duty on the director of special
17    services or other appointed official to manage and operate
18    the impoundment process and to keep any impounded vessel
19    until such vessel is repossessed by the owner or other
20    person legally entitled to possession thereof or otherwise
21    disposed of in accordance with ordinances or regulations
22    established by the Chicago Park District.
23        (m) To impose fees and charges for redemption of any
24    impounded vessel to cover the cost of towing and storage of
25    the vessel while in custody of the Chicago Park District.
26        (n) To release any impounded vessel to a person

 

 

SB3306- 23 -LRB099 20765 AWJ 45430 b

1    entitled to possession or to dispose of such vessel which
2    remains unclaimed after a reasonable search for the owner
3    has been made in full compliance with ordinances and
4    regulations of the Chicago Park District.
5        (o) To control, license and regulate, including the
6    establishment of permits and fees therefor, the
7    chartering, renting or letting for hire of any vessel
8    operating on the waters or harbors within the jurisdiction
9    of the Chicago Park District.
10        (p) To rent storage space to owners of vessels during
11    such seasons and at such fees as are prescribed from time
12    to time in regulations of the Chicago Park District.
13        (q) To apply for and receive tourism grants under
14    Section 605-705 of the Department of Commerce and Economic
15    Opportunity Law of the Civil Administrative Code of
16    Illinois for any public recreation department, public
17    recreation program, or public recreation facilities
18    operated by the Chicago Park District.
19(Source: P.A. 97-1150, eff. 1-25-13.)