2023 Illinois Compiled Statutes › Chapter 70 - SPECIAL DISTRICTS › 70 ILCS 1290/ - Park District Aquarium and Museum Act.

(70 ILCS 1290/0.01) (from Ch. 105, par. 325h)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Park District Aquarium and Museum Act.
(Source: P.A. 86-1324.)
(70 ILCS 1290/1) (from Ch. 105, par. 326)
Sec. 1. Erect, operate, and maintain aquariums and museums. The corporate authorities of cities and park districts having
control or supervision over any public park or parks, including parks located on formerly submerged land, are hereby authorized
to purchase, erect, and maintain within any such public park or parks edifices to be used
as aquariums or as museums of art, industry, science, or natural or other
history, including presidential libraries, centers, and museums, such aquariums and museums consisting of all facilities for their collections, exhibitions, programming, and associated  initiatives, or to permit the directors or trustees of any corporation or
society organized for the construction or maintenance and operation of an
aquarium or museum as hereinabove described to erect, enlarge, ornament,
build, rebuild, rehabilitate, improve, maintain, and operate its aquarium or
museum within any public park now or hereafter under the control
or supervision of any city or park district, and to contract with any such
directors or trustees of any such aquarium or museum relative to
the erection, enlargement, ornamentation, building, rebuilding,
rehabilitation, improvement, maintenance, ownership, and operation of such aquarium or museum. Notwithstanding the previous sentence, a city or park district may enter  into a lease for an initial term not to exceed 99 years, subject to renewal, allowing a corporation or society as hereinabove described to erect,
enlarge, ornament, build, rebuild, rehabilitate, improve, maintain, and operate its aquarium or museum, together with grounds immediately adjacent to such aquarium or museum, and to use, possess, and occupy grounds surrounding such aquarium or museum as hereinabove described for the purpose of  beautifying and maintaining such grounds in a manner consistent with the aquarium or museum's  purpose, and on the conditions that (1) the public is allowed access to such grounds in a manner consistent with its access to other public parks, and (2) the city or park district retains a reversionary interest in any improvements made by the corporation or society on the grounds, including the aquarium or museum itself, that matures upon the expiration or lawful termination of the lease.  It is hereby reaffirmed and found that the aquariums and museums as described in this Section, and their collections, exhibitions, programming, and associated initiatives, serve valuable public purposes, including, but not limited to, furthering human knowledge and understanding, educating and inspiring the public, and expanding recreational and cultural resources and opportunities. Any city or
park district may charge, or permit such an aquarium or museum to charge,
an admission fee. Any such aquarium or museum,
however, shall be open without charge, when
accompanied by a teacher, to the children in actual attendance upon grades
kindergarten through twelve in any of the schools in this State at all
times. In addition, except as otherwise provided in this Section, any such aquarium or museum must be open to persons who reside in this State without
charge
for a period equivalent to 52 days, at least 6 of which must be during the
period from June through August, each year.
Beginning on the effective date of this amendatory Act of the 101st General Assembly through June 30, 2022, any such aquarium or museum must be open to persons who reside in this State without charge for a period equivalent to 52 days, at least 6 of which must be during the period from June through August, 2021. Notwithstanding said provisions, charges may be made at any
time for
special services and for admission to special facilities within any
aquarium or museum for the education, entertainment, or convenience of
visitors. The proceeds of such admission fees and charges for special
services and special facilities shall be devoted exclusively to the
purposes for which the tax authorized by Section 2 hereof may be used. If
any owner or owners of any lands or lots abutting or fronting on any such
public park, or adjacent thereto, have any private right, easement,
interest or property in such public park appurtenant to their lands or lots
or otherwise, which would be interfered with by the erection and
maintenance of any aquarium or museum as hereinbefore provided, or any
right to have such public park remain open or vacant and free from
buildings, the corporate authorities of the city or park district having
control of such park, may condemn the same in the manner prescribed for the
exercise
of the right of eminent domain under the Eminent Domain Act. The changes made to this Section by this amendatory Act of the 99th General Assembly are declaratory of existing law and shall not be construed as a new enactment.
(Source: P.A. 101-640, eff. 6-12-20.)
(70 ILCS 1290/1.5)
Sec. 1.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(70 ILCS 1290/2) (from Ch. 105, par. 327)
Sec. 2. Maintenance tax - Limitations - Levy and collection. Each
board of park commissioners, having control of a public park or parks
within which there shall be maintained any aquarium or any museum or
museums of art, industry, science or natural or other history under the
provisions of this Act, is hereby authorized, subject to the provisions
of Section 4 of this Act, to levy annually a tax not to exceed .03 per
cent in park districts of less than 500,000 population and in districts
of over 500,000 population not to exceed .15 percent of the full, fair
cash value, as equalized or assessed by the Department
of Revenue of taxable property embraced in said district,
according to the valuation of the same as made for the purpose of State
and county taxation by the general assessment last preceding the time
when such tax hereby authorized shall be levied:  Such tax to be for the
purpose of establishing, acquiring, completing, erecting, enlarging,
ornamenting, building, rebuilding, rehabilitating, improving, operating,
maintaining and caring for such aquarium and museum or museums and the
buildings and grounds thereof; and the proceeds of such additional tax
shall be kept as a separate fund.  Said tax shall be in addition to all
other taxes which such board of park commissioners is now or hereafter
may be authorized to levy on the aggregate valuation of all taxable
property within the park district.  Said tax shall be levied and
collected in like manner as the general taxes for such parks and shall
not be included within any limitation of rate for general park purposes
as now or hereafter provided by law but shall be excluded therefrom and
be in addition thereto and in excess thereof.  Provided, further, that
the foregoing limitations upon tax rates, insofar as they are applicable
to park districts of less than 500,000 population, may be further
increased or decreased according to the referendum provisions of the
General Revenue Law of Illinois.
Whenever the board of park commissioners of a park district of less
than 500,000 population adopts a resolution that it shall levy and collect
a tax for the purposes specified in this Section in excess of .03 percent
but not to exceed .07 percent of the value of taxable property in the
district, the board shall cause the resolution to be
published at least once in a newspaper of general circulation
within the district.  If there is no such newspaper, the resolution shall
be posted in at least 3 public places within the district.  The
publication or posting of the resolution shall include a notice of (1) the
specific number of electors required to sign a petition requesting that the
question of the adoption of the resolution be submitted to the electors of the
district; (2) the time within which the petition must be filed;
and (3) the date of the prospective referendum.
The secretary of the park district shall provide a petition form to any
individual requesting one.
Any taxpayer in such district may, within 30 days after the first
publication or posting of the resolution, file with the secretary of the
park district a petition signed by not less than 10 percent or 1,500,
whichever is lesser, of the electors of the district requesting that the
following question be submitted to the electors of the district:
"Shall the .... Park District be authorized to levy an
annual tax in excess of .... but not to exceed .... as authorized in
Section 2 of "An Act concerning aquariums and museums in public parks" for
the purpose of establishing, acquiring, completing, erecting, enlarging,
ornamenting,  building, rebuilding, rehabilitating, improving, operating,
maintaining and caring for such aquariums and museum or museums and the
buildings and grounds thereof?"  The secretary of the park district shall
certify the proposition to the proper election authorities for submission
to the electorate at a regular scheduled election in accordance with the
general election law.  If a majority of the electors voting on the
proposition vote in favor thereof, such increased tax shall thereafter be
authorized; if a majority of the vote is against such proposition, the
previous maximum rate shall remain in effect until changed by law.
Whenever the board of park commissioners of a park district of a population less than 500,000 adopts a resolution that it shall levy and collect a tax for the purposes specified in this Section in excess of 0.07% but not to exceed 0.15% of the value of taxable property in the district, the board shall cause the resolution to be published, at least once, in a newspaper of general circulation within the district. If there is no such newspaper, the resolution shall be posted in at least 3 public places within the district. A tax in excess of 0.07% may not be levied under this subsection until the question of levying the tax has been submitted to the electors of the park district at a regular election and approved by a majority of the electors voting on the question. The District must certify the question to the proper election authority, which must submit the question at an election in accordance with the Election Code. The election authority must submit the question in substantially the following form:
"Shall the .... Park District be authorized to levy     an annual tax in excess of .... but not to exceed .... as authorized in Section 2 of "An Act concerning aquariums and museums in public parks" for the purpose of establishing, acquiring, completing, erecting, enlarging, ornamenting,  building, rebuilding, rehabilitating, improving, operating, maintaining and caring for such aquariums and museum or museums and the buildings and grounds thereof?".
If a majority of the electors voting on the proposition vote in favor thereof, such increased tax shall thereafter be authorized.  If a majority of the electors vote against the proposition, the previous maximum rate shall remain in effect until changed by law.
(Source: P.A. 95-643, eff. 6-1-08.)