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| Public Act 098-0128 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Municipal Code is amended by | ||||
changing Sections 4-8-6, 4-8-6a, and 4-8-7 as follows:
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(65 ILCS 5/4-8-6) (from Ch. 24, par. 4-8-6)
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Sec. 4-8-6.
(a) No officer or employee elected or appointed | ||||
under
this article shall be interested, directly or indirectly, | ||||
in his own
name or in the name of any other person, | ||||
association, trust or
corporation, in any contract for work or | ||||
materials, or profits thereof,
or services to be furnished or | ||||
performed for the municipality or for any
person operating a | ||||
public utility wholly or partly within the
territorial limits | ||||
of the municipality.
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(b) However, any elected or appointed member of the | ||||
governing body
may provide materials, merchandise, property, | ||||
services or labor, if:
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A. the contract is with a person, firm, partnership, | ||||
association,
corporation, or cooperative association in which | ||||
such interested member
of the governing body of the | ||||
municipality has less than a 7 1/2% share
in the ownership; and
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B. such interested member publicly discloses the nature and | ||||
extent
of his interest prior to or during deliberations | ||||
concerning the proposed
award of the contract; and
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C. such interested member abstains from voting on the award | ||
of the
contract, though he shall be considered present for the | ||
purposes of
establishing a quorum; and
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D. such contract is approved by a majority vote of those | ||
members
presently holding office; and
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E. the contract is awarded after sealed bids to the lowest
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responsible bidder if the amount of the contract exceeds $1500, | ||
or
awarded without bidding if the amount of the contract is | ||
less than
$1500; and
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F. the award of the contract would not cause the aggregate | ||
amount of
all such contracts so awarded to the same person, | ||
firm, association,
partnership, corporation, or cooperative | ||
association in the same fiscal
year to exceed $25,000.
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(c) In addition to the above exemption, any elected or | ||
appointed
member of the governing body may provide materials, | ||
merchandise,
property, services or labor if:
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A. the award of the contract is approved by a majority vote | ||
of the
governing body of the municipality provided that any | ||
such interested
member shall abstain from voting; and
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B. the amount of the contract does not exceed $1000; and
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C. the award of the contract would not cause the aggregate | ||
amount of
all such contracts so awarded to the same person, | ||
firm, association,
partnership, corporation, or cooperative | ||
association in the same fiscal
year to exceed $2000; and
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D. such interested member publicly discloses the nature and | ||
extent
of his interest prior to or during deliberations | ||
concerning the proposed
award of the contract; and
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E. such interested member abstains from voting on the award | ||
of the
contract, though he shall be considered present for the | ||
purposes of
establishing a quorum.
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(d) A contract for the procurement of public utility | ||
services by a
municipality with a public utility company is not | ||
barred by this Section
by one or more members of the governing | ||
body being an officer or
employee of the public utility company | ||
or holding an ownership interest
of no more than 7 1/2 % in the | ||
public utility company, or holding an ownership
interest of any | ||
size if the municipality has a population of less than 7,500
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and the public utility's rates are approved by the Illinois | ||
Commerce Commission.
An elected or
appointed member of the | ||
governing body having such an interest shall be
deemed not to | ||
have a prohibited interest under this Section.
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(e) Any officer who violates this Section is guilty of a | ||
Class 4
felony and in addition thereto any office held by such | ||
person so
convicted shall become vacant and shall be so | ||
declared as part of the
judgment of the court.
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(f) Nothing contained in this Section, including the | ||
restrictions
set forth in subsections (b), (c) and (d), shall | ||
preclude a contract of
deposit of monies, loans or other | ||
financial services by a municipality
with a local bank or local | ||
savings and loan association, regardless of
whether a member or | ||
members of the governing body of the municipality
are | ||
interested in such bank or savings and loan association as an
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officer or employee or as a holder of less than 7 1/2% of the | ||
total
ownership interest. A member or members holding such an | ||
interest in such
a contract shall not be deemed to be holding a | ||
prohibited interest for
purposes of this Act. Such interested | ||
member or members of the
governing body must publicly state the | ||
nature and extent of their
interest during deliberations | ||
concerning the proposed award of such a
contract, but shall not | ||
participate in any further deliberations
concerning the | ||
proposed award. Such interested member or members shall
not | ||
vote on such a proposed award. Any member or members abstaining
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from participation in deliberations and voting under this | ||
Section may be
considered present for purposes of establishing | ||
a quorum. Award of such
a contract shall require approval by a | ||
majority vote of those members
presently holding office. | ||
Consideration and award of any such contract
in which a member | ||
or members are interested may only be made at a
regularly | ||
scheduled public meeting of the governing body of the
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municipality. | ||
(g) This Section applies only to an officer or employee | ||
elected or appointed under this Article who is a member of the | ||
board of an investor-owned public service corporation.
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(Source: P.A. 82-399.)
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(65 ILCS 5/4-8-6a) (from Ch. 24, par. 4-8-6a)
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Sec. 4-8-6a.
No officer or employee elected or appointed | ||
under this Article
shall request, accept, or receive, directly | ||
or indirectly, from any person
owning, operating, or leasing | ||
within or partly within the territorial
limits of the | ||
municipality, any public utility, or any water craft leaving
or | ||
entering or operating within the municipality, any service or | ||
transportation
upon terms more favorable than are granted to | ||
the public generally, or any
employment, for hire or otherwise, | ||
or any free service or transportation,
either for himself or | ||
any other person.
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A violation of this Section is a petty offense. A | ||
conviction shall effect
a forfeiture of the office or | ||
employment.
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The prohibition of free transportation shall not apply to | ||
policemen or
firemen in uniform, nor shall this Section affect | ||
any free service to municipal
officers or employees provided by | ||
any franchise or license, granted prior
to March 9, 1910. | ||
This Section applies only to an officer or employee elected | ||
or appointed under this Article who is a member of the board of | ||
an investor-owned public service corporation.
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(Source: P.A. 80-938.)
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(65 ILCS 5/4-8-7) (from Ch. 24, par. 4-8-7)
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Sec. 4-8-7.
No mayor or commissioner elected under this | ||
article shall be an
official of any public service corporation | ||
at the time he or she assumes office. A
violation of this | ||
section is a Class A misdemeanor. | ||
For the purposes of this Section, "official of any public | ||
service corporation" means a member of the board of an | ||
investor-owned public service corporation.
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(Source: P.A. 77-2500.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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