Rep. Joe Sosnowski
Filed: 2/21/2013
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 58
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 58 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Illinois Municipal Code is amended by | ||||||
5 | changing Sections 4-8-6, 4-8-6a, and 4-8-7 as follows:
| ||||||
6 | (65 ILCS 5/4-8-6) (from Ch. 24, par. 4-8-6)
| ||||||
7 | Sec. 4-8-6.
(a) No officer or employee elected or appointed | ||||||
8 | under
this article shall be interested, directly or indirectly, | ||||||
9 | in his own
name or in the name of any other person, | ||||||
10 | association, trust or
corporation, in any contract for work or | ||||||
11 | materials, or profits thereof,
or services to be furnished or | ||||||
12 | performed for the municipality or for any
person operating a | ||||||
13 | public utility wholly or partly within the
territorial limits | ||||||
14 | of the municipality.
| ||||||
15 | (b) However, any elected or appointed member of the | ||||||
16 | governing body
may provide materials, merchandise, property, |
| |||||||
| |||||||
1 | services or labor, if:
| ||||||
2 | A. the contract is with a person, firm, partnership, | ||||||
3 | association,
corporation, or cooperative association in which | ||||||
4 | such interested member
of the governing body of the | ||||||
5 | municipality has less than a 7 1/2% share
in the ownership; and
| ||||||
6 | B. such interested member publicly discloses the nature and | ||||||
7 | extent
of his interest prior to or during deliberations | ||||||
8 | concerning the proposed
award of the contract; and
| ||||||
9 | C. such interested member abstains from voting on the award | ||||||
10 | of the
contract, though he shall be considered present for the | ||||||
11 | purposes of
establishing a quorum; and
| ||||||
12 | D. such contract is approved by a majority vote of those | ||||||
13 | members
presently holding office; and
| ||||||
14 | E. the contract is awarded after sealed bids to the lowest
| ||||||
15 | responsible bidder if the amount of the contract exceeds $1500, | ||||||
16 | or
awarded without bidding if the amount of the contract is | ||||||
17 | less than
$1500; and
| ||||||
18 | F. the award of the contract would not cause the aggregate | ||||||
19 | amount of
all such contracts so awarded to the same person, | ||||||
20 | firm, association,
partnership, corporation, or cooperative | ||||||
21 | association in the same fiscal
year to exceed $25,000.
| ||||||
22 | (c) In addition to the above exemption, any elected or | ||||||
23 | appointed
member of the governing body may provide materials, | ||||||
24 | merchandise,
property, services or labor if:
| ||||||
25 | A. the award of the contract is approved by a majority vote | ||||||
26 | of the
governing body of the municipality provided that any |
| |||||||
| |||||||
1 | such interested
member shall abstain from voting; and
| ||||||
2 | B. the amount of the contract does not exceed $1000; and
| ||||||
3 | C. the award of the contract would not cause the aggregate | ||||||
4 | amount of
all such contracts so awarded to the same person, | ||||||
5 | firm, association,
partnership, corporation, or cooperative | ||||||
6 | association in the same fiscal
year to exceed $2000; and
| ||||||
7 | D. such interested member publicly discloses the nature and | ||||||
8 | extent
of his interest prior to or during deliberations | ||||||
9 | concerning the proposed
award of the contract; and
| ||||||
10 | E. such interested member abstains from voting on the award | ||||||
11 | of the
contract, though he shall be considered present for the | ||||||
12 | purposes of
establishing a quorum.
| ||||||
13 | (d) A contract for the procurement of public utility | ||||||
14 | services by a
municipality with a public utility company is not | ||||||
15 | barred by this Section
by one or more members of the governing | ||||||
16 | body being an officer or
employee of the public utility company | ||||||
17 | or holding an ownership interest
of no more than 7 1/2 % in the | ||||||
18 | public utility company, or holding an ownership
interest of any | ||||||
19 | size if the municipality has a population of less than 7,500
| ||||||
20 | and the public utility's rates are approved by the Illinois | ||||||
21 | Commerce Commission.
An elected or
appointed member of the | ||||||
22 | governing body having such an interest shall be
deemed not to | ||||||
23 | have a prohibited interest under this Section.
| ||||||
24 | (e) Any officer who violates this Section is guilty of a | ||||||
25 | Class 4
felony and in addition thereto any office held by such | ||||||
26 | person so
convicted shall become vacant and shall be so |
| |||||||
| |||||||
1 | declared as part of the
judgment of the court.
| ||||||
2 | (f) Nothing contained in this Section, including the | ||||||
3 | restrictions
set forth in subsections (b), (c) and (d), shall | ||||||
4 | preclude a contract of
deposit of monies, loans or other | ||||||
5 | financial services by a municipality
with a local bank or local | ||||||
6 | savings and loan association, regardless of
whether a member or | ||||||
7 | members of the governing body of the municipality
are | ||||||
8 | interested in such bank or savings and loan association as an
| ||||||
9 | officer or employee or as a holder of less than 7 1/2% of the | ||||||
10 | total
ownership interest. A member or members holding such an | ||||||
11 | interest in such
a contract shall not be deemed to be holding a | ||||||
12 | prohibited interest for
purposes of this Act. Such interested | ||||||
13 | member or members of the
governing body must publicly state the | ||||||
14 | nature and extent of their
interest during deliberations | ||||||
15 | concerning the proposed award of such a
contract, but shall not | ||||||
16 | participate in any further deliberations
concerning the | ||||||
17 | proposed award. Such interested member or members shall
not | ||||||
18 | vote on such a proposed award. Any member or members abstaining
| ||||||
19 | from participation in deliberations and voting under this | ||||||
20 | Section may be
considered present for purposes of establishing | ||||||
21 | a quorum. Award of such
a contract shall require approval by a | ||||||
22 | majority vote of those members
presently holding office. | ||||||
23 | Consideration and award of any such contract
in which a member | ||||||
24 | or members are interested may only be made at a
regularly | ||||||
25 | scheduled public meeting of the governing body of the
| ||||||
26 | municipality. |
| |||||||
| |||||||
1 | (g) This Section does not apply to an officer or employee | ||||||
2 | elected or appointed under this Article who is a member of the | ||||||
3 | board of a public service corporation that is not an | ||||||
4 | investor-owned public utility.
| ||||||
5 | (Source: P.A. 82-399.)
| ||||||
6 | (65 ILCS 5/4-8-6a) (from Ch. 24, par. 4-8-6a)
| ||||||
7 | Sec. 4-8-6a.
No officer or employee elected or appointed | ||||||
8 | under this Article
shall request, accept, or receive, directly | ||||||
9 | or indirectly, from any person
owning, operating, or leasing | ||||||
10 | within or partly within the territorial
limits of the | ||||||
11 | municipality, any public utility, or any water craft leaving
or | ||||||
12 | entering or operating within the municipality, any service or | ||||||
13 | transportation
upon terms more favorable than are granted to | ||||||
14 | the public generally, or any
employment, for hire or otherwise, | ||||||
15 | or any free service or transportation,
either for himself or | ||||||
16 | any other person.
| ||||||
17 | A violation of this Section is a petty offense. A | ||||||
18 | conviction shall effect
a forfeiture of the office or | ||||||
19 | employment.
| ||||||
20 | The prohibition of free transportation shall not apply to | ||||||
21 | policemen or
firemen in uniform, nor shall this Section affect | ||||||
22 | any free service to municipal
officers or employees provided by | ||||||
23 | any franchise or license, granted prior
to March 9, 1910. | ||||||
24 | This Section does not apply to an officer or employee | ||||||
25 | elected or appointed under this Article who is a member of the |
| |||||||
| |||||||
1 | board of a public service corporation that is not an | ||||||
2 | investor-owned public utility.
| ||||||
3 | (Source: P.A. 80-938.)
| ||||||
4 | (65 ILCS 5/4-8-7) (from Ch. 24, par. 4-8-7)
| ||||||
5 | Sec. 4-8-7.
No mayor or commissioner elected under this | ||||||
6 | article shall be an
official of any public service corporation | ||||||
7 | at the time he or she assumes office. A
violation of this | ||||||
8 | section is a Class A misdemeanor. | ||||||
9 | For the purposes of this Section, "official of any public | ||||||
10 | service corporation" does not include a member of the board of | ||||||
11 | a public service corporation that is not an investor-owned | ||||||
12 | public utility.
| ||||||
13 | (Source: P.A. 77-2500.)
| ||||||
14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.".
|