Full Text of HB3480 94th General Assembly
HB3480sam001 94TH GENERAL ASSEMBLY
|
Sen. Dan Cronin
Filed: 5/4/2005
|
|
09400HB3480sam001 |
|
LRB094 11248 NHT 45750 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 3480
| 2 |
| AMENDMENT NO. ______. Amend House Bill 3480 as follows:
| 3 |
| on page 1, line 1, by replacing "education" with "government"; | 4 |
| and | 5 |
| on page 1, immediately below line 3, by inserting the | 6 |
| following: | 7 |
| "Section 3. The Public Officer Prohibited Activities Act is | 8 |
| amended by changing Section 3 as follows:
| 9 |
| (50 ILCS 105/3) (from Ch. 102, par. 3)
| 10 |
| Sec. 3. Prohibited interest in contracts.
| 11 |
| (a) No person holding any office, either by election or
| 12 |
| appointment under the laws or Constitution of this State, may | 13 |
| be in any
manner financially interested directly
in
his own | 14 |
| name or indirectly in
the name of any other person, | 15 |
| association, trust, or corporation, in any
contract or the | 16 |
| performance of any work in the making or letting of
which such | 17 |
| officer may be called upon to act or vote. No such officer
may | 18 |
| represent, either as agent or otherwise, any person, | 19 |
| association,
trust, or corporation, with respect to any | 20 |
| application or bid for any
contract or work in regard to which | 21 |
| such officer may be called upon to
vote. Nor may any such | 22 |
| officer take or receive, or offer to take or
receive, either | 23 |
| directly or indirectly, any money or other thing of
value as a |
|
|
|
09400HB3480sam001 |
- 2 - |
LRB094 11248 NHT 45750 a |
|
| 1 |
| gift or bribe or means of influencing his vote or action in
his | 2 |
| official character. Nothing contained in this Section may | 3 |
| preclude an officer from participating in a group health | 4 |
| insurance program provided to an employee of the entity that | 5 |
| the officer serves if the officer is a spouse or dependent of | 6 |
| that employee. Any contract made and procured in violation
| 7 |
| hereof is void. This Section shall not apply to any person | 8 |
| serving on an
advisory panel or commission or to any director | 9 |
| serving on a hospital
district board as provided under | 10 |
| subsection (a-5) of Section 13 of the Hospital
District Law.
| 11 |
| (b) However, any elected or appointed member of the | 12 |
| governing body
may provide materials, merchandise, property, | 13 |
| services, or labor, subject
to
the following provisions under | 14 |
| either paragraph (1) or (2):
| 15 |
| (1) If:
| 16 |
| A. the contract is with a person, firm, partnership, | 17 |
| association,
corporation, or cooperative association in | 18 |
| which such interested member
of the governing body of the | 19 |
| municipality has less than a 7 1/2% share in
the ownership; | 20 |
| and
| 21 |
| B. such interested member publicly discloses the | 22 |
| nature and extent
of his interest prior to or during | 23 |
| deliberations concerning the proposed
award of the | 24 |
| contract; and
| 25 |
| C. such interested member abstains from voting on the | 26 |
| award of the
contract, though he shall be considered | 27 |
| present for the purposes of
establishing a quorum; and
| 28 |
| D. such contract is approved by a majority vote of | 29 |
| those members
presently holding office; and
| 30 |
| E. the contract is awarded after sealed bids to the | 31 |
| lowest
responsible bidder if the amount of the contract | 32 |
| exceeds $1500, or
awarded without bidding if the amount of | 33 |
| the contract is less than
$1500; and
| 34 |
| F. the award of the contract would not cause the |
|
|
|
09400HB3480sam001 |
- 3 - |
LRB094 11248 NHT 45750 a |
|
| 1 |
| aggregate amount of
all such contracts so awarded to the | 2 |
| same person, firm, association,
partnership, corporation, | 3 |
| or cooperative association in the same fiscal
year to | 4 |
| exceed $25,000.
| 5 |
| (2) If:
| 6 |
| A. the award of the contract is approved by a majority | 7 |
| vote of the
governing body of the municipality provided | 8 |
| that any such interested member
shall abstain from voting; | 9 |
| and
| 10 |
| B. the amount of the contract does not exceed $2,000; | 11 |
| and
| 12 |
| C. the award of the contract would not cause the | 13 |
| aggregate amount of
all such contracts so awarded to the | 14 |
| same person, firm, association,
partnership, corporation, | 15 |
| or cooperative association in the same fiscal
year to | 16 |
| exceed $4,000; and
| 17 |
| D. such interested member publicly discloses the | 18 |
| nature and extent
of his interest prior to or during | 19 |
| deliberations concerning the proposed
award of the | 20 |
| contract; and
| 21 |
| E. such interested member abstains from voting on the | 22 |
| award of the
contract, though he shall be considered | 23 |
| present for the purposes of
establishing a quorum.
| 24 |
| (b-5) In addition to the above exemptions, any elected or | 25 |
| appointed
member
of the governing body may provide materials, | 26 |
| merchandise, property, services,
or labor if:
| 27 |
| A. the contract is with a person, firm, partnership, | 28 |
| association,
corporation, or cooperative association in | 29 |
| which the interested member of the
governing body of the | 30 |
| municipality, advisory panel, or commission has less than
a | 31 |
| 1% share in the ownership; and
| 32 |
| B. the award of the contract is approved by a majority | 33 |
| vote of the
governing body of the municipality provided | 34 |
| that any such interested member
shall abstain from voting; |
|
|
|
09400HB3480sam001 |
- 4 - |
LRB094 11248 NHT 45750 a |
|
| 1 |
| and
| 2 |
| C. such interested member publicly discloses the | 3 |
| nature and extent of his
interest before or during | 4 |
| deliberations concerning the proposed award of the
| 5 |
| contract; and
| 6 |
| D. such interested member abstains from voting on the | 7 |
| award of the
contract, though he shall be considered | 8 |
| present for the purposes of
establishing a quorum.
| 9 |
| (c) A contract for the procurement of public utility | 10 |
| services by
a
public entity with a public utility company is | 11 |
| not barred by this
Section by one or more members of the | 12 |
| governing body of the public
entity being an officer or | 13 |
| employee of the public utility company or
holding an ownership | 14 |
| interest of no more than 7 1/2% in the public
utility company, | 15 |
| or holding an ownership interest of any size if the public
| 16 |
| entity is a municipality with a population of less than 7,500 | 17 |
| and the public
utility's rates are approved by the Illinois | 18 |
| Commerce Commission. An elected
or appointed member of the | 19 |
| governing body of the public entity having such
an interest | 20 |
| shall be deemed not to have a prohibited interest under this
| 21 |
| Section.
| 22 |
| (d) Notwithstanding any other provision of this Section or | 23 |
| any
other
law to the contrary, until January 1, 1994, a member | 24 |
| of
the city council of a municipality with a population under | 25 |
| 20,000 may
purchase real estate from the municipality, at a | 26 |
| price of not less than
100% of the value of the real estate as | 27 |
| determined by a written MAI
certified appraisal or by a written | 28 |
| certified appraisal of a State
certified or licensed real | 29 |
| estate appraiser,
if the purchase is approved by a
unanimous | 30 |
| vote of the city council members then holding office (except | 31 |
| for
the member desiring to purchase the real estate, who shall | 32 |
| not vote on the
question).
| 33 |
| (e) For the purposes of this Section only, a municipal | 34 |
| officer shall not
be deemed interested if the officer is an |
|
|
|
09400HB3480sam001 |
- 5 - |
LRB094 11248 NHT 45750 a |
|
| 1 |
| employee of a company or owns or
holds
an
interest of 1% or | 2 |
| less in the municipal officer's individual name in a company,
| 3 |
| or
both, that company is involved in the
transaction of | 4 |
| business
with the municipality, and that company's stock is | 5 |
| traded on a nationally
recognized securities market, provided | 6 |
| the interested member: (i) publicly
discloses the fact that he | 7 |
| or she is an employee or holds an interest of 1% or
less in a | 8 |
| company before deliberation of the proposed award of the
| 9 |
| contract; (ii) refrains from evaluating, recommending, | 10 |
| approving, deliberating,
or otherwise participating in | 11 |
| negotiation, approval, or both, of the contract,
work, or | 12 |
| business; (iii) abstains from voting on the award of the | 13 |
| contract
though he or she shall be considered present for | 14 |
| purposes of establishing a
quorum; and (iv) the contract is | 15 |
| approved by a majority vote of those members
currently holding | 16 |
| office.
| 17 |
| A municipal officer shall not be deemed interested if the | 18 |
| officer owns or
holds an interest of 1% or less, not in the | 19 |
| officer's individual name but
through a mutual fund, in a | 20 |
| company, that company is involved in the
transaction
of | 21 |
| business with the municipality, and that company's stock is | 22 |
| traded on a
nationally recognized securities market.
| 23 |
| (Source: P.A. 90-197, eff. 1-1-98; 90-364, eff, 1-1-98; 90-655, | 24 |
| eff.
7-30-98.)"; and
| 25 |
| on page 1, line 5, by replacing "10-20.21" with "10-9, | 26 |
| 10-20.21,"; and | 27 |
| on page 1, immediately below line 5, by inserting the | 28 |
| following:
| 29 |
| "(105 ILCS 5/10-9) (from Ch. 122, par. 10-9)
| 30 |
| Sec. 10-9. Interest of board member in contracts.
| 31 |
| (a) No school board member shall be interested, directly or |
|
|
|
09400HB3480sam001 |
- 6 - |
LRB094 11248 NHT 45750 a |
|
| 1 |
| indirectly,
in his own name or in the name of any other person, | 2 |
| association, trust or
corporation, in any contract, work or | 3 |
| business of the district or in the
sale of any article, | 4 |
| whenever the expense, price or consideration of the
contract, | 5 |
| work, business or sale is paid either from the treasury or by | 6 |
| any
assessment levied by any statute or ordinance. No school | 7 |
| board member
shall be interested, directly or indirectly, in | 8 |
| the purchase of any
property which (1) belongs to the district, | 9 |
| or (2) is sold for taxes or
assessments, or (3) is sold by | 10 |
| virtue of legal process at the suit of
the district. Nothing | 11 |
| contained in this Section may preclude a school board member | 12 |
| from participating in a group health insurance program provided | 13 |
| to a school district employee if the school board member is a | 14 |
| spouse or dependent of the employee.
| 15 |
| (b) However, any board member may provide materials, | 16 |
| merchandise,
property, services or labor, if:
| 17 |
| A. the contract is with a person, firm, partnership, | 18 |
| association,
corporation or cooperative association in | 19 |
| which the board member has
less than a 7 1/2% share in the | 20 |
| ownership; and
| 21 |
| B. such interested board member publicly discloses the | 22 |
| nature and
extent of his interest prior to or during | 23 |
| deliberations concerning the
proposed award of the | 24 |
| contract; and
| 25 |
| C. such interested board member abstains from voting on | 26 |
| the award of
the contract, though he shall be considered | 27 |
| present for the purposes of
establishing a quorum; and
| 28 |
| D. such contract is approved by a majority vote of | 29 |
| those board
members presently holding office; and
| 30 |
| E. the contract is awarded after sealed bids to the | 31 |
| lowest
responsible bidder if the amount of the contract | 32 |
| exceeds $1500,
or
awarded without bidding if the amount of | 33 |
| the contract is less than
$1500; and
| 34 |
| F. the award of the contract would not cause the |
|
|
|
09400HB3480sam001 |
- 7 - |
LRB094 11248 NHT 45750 a |
|
| 1 |
| aggregate amount of
all such contracts so awarded to the | 2 |
| same person, firm, association,
partnership, corporation | 3 |
| or cooperative association in the same fiscal
year to | 4 |
| exceed $25,000.
| 5 |
| (c) In addition to the above exemption, any board member | 6 |
| may provide
materials, merchandise, property, services or | 7 |
| labor if:
| 8 |
| A. the award of the contract is approved by a majority | 9 |
| vote of the
board provided that any such interested member | 10 |
| shall abstain from
voting; and
| 11 |
| B. the amount of the contract does not exceed $1,000; | 12 |
| and
| 13 |
| C. the award of the contract would not cause the | 14 |
| aggregate amount of
all such contracts so awarded to the | 15 |
| same person, firm, association,
partnership, corporation, | 16 |
| or cooperative association in the same fiscal
year to | 17 |
| exceed $2,000, except with respect to a board member of a | 18 |
| school
district in which the materials, merchandise, | 19 |
| property, services, or labor to
be provided under the | 20 |
| contract are not available from any other person, firm,
| 21 |
| association, partnership, corporation, or cooperative | 22 |
| association in the
district, in which event the award of | 23 |
| the contract shall not cause the
aggregate amount of all | 24 |
| contracts so awarded to that same person, firm,
| 25 |
| association, partnership, or cooperative association in | 26 |
| the same fiscal year to
exceed $5,000; and
| 27 |
| D. such interested member publicly discloses the | 28 |
| nature and extent
of his interest prior to or during | 29 |
| deliberations concerning the proposed
award of the | 30 |
| contract; and
| 31 |
| E. such interested member abstains from voting on the | 32 |
| award of the
contract, though he shall be considered | 33 |
| present for the purposes of
establishing a quorum.
| 34 |
| (d) In addition to exemptions otherwise authorized by this |
|
|
|
09400HB3480sam001 |
- 8 - |
LRB094 11248 NHT 45750 a |
|
| 1 |
| Section, any
board member may purchase for use as the board | 2 |
| member's primary place of
residence a house constructed by the | 3 |
| district's vocational education
students on the same basis that | 4 |
| any other person would be entitled to
purchase the property. | 5 |
| The sale of the house by the district must comply
with the | 6 |
| requirements set forth in Section 5-22 of The School Code.
| 7 |
| (e) A contract for the procurement of public utility | 8 |
| services by a
district with a public utility company is not | 9 |
| barred by this Section by
one or more members of the board | 10 |
| being an officer or employee of the
public utility company or | 11 |
| holding an ownership interest of no more than
7 1/2% in the | 12 |
| public utility company, or holding an ownership interest of
any | 13 |
| size if the school district has a population of less than 7,500 | 14 |
| and
the public utility's rates are approved by the Illinois | 15 |
| Commerce
Commission. An elected or appointed member of the | 16 |
| board having such an
interest shall be deemed not to have a | 17 |
| prohibited interest under this Section.
| 18 |
| (f) Nothing contained in this Section, including the | 19 |
| restrictions set
forth in subsections (b), (c), (d) and (e), | 20 |
| shall preclude a contract of
deposit of monies, loans or other | 21 |
| financial services by a school
district with a local bank or | 22 |
| local savings and loan association,
regardless of whether a | 23 |
| member or members of the governing body of the
school district | 24 |
| are interested in such bank or savings and loan
association as | 25 |
| an officer or employee or as a holder of less than 7 1/2%
of the | 26 |
| total ownership interest. A member or members holding such an
| 27 |
| interest in such a contract shall not be deemed to be holding a
| 28 |
| prohibited interest for purposes of this Act. Such interested | 29 |
| member or
members of the governing body must publicly state the | 30 |
| nature and extent
of their interest during deliberations | 31 |
| concerning the proposed award of
such a contract, but shall not | 32 |
| participate in any further deliberations
concerning the | 33 |
| proposed award. Such interested member or members shall
not | 34 |
| vote on such a proposed award. Any member or members abstaining
|
|
|
|
09400HB3480sam001 |
- 9 - |
LRB094 11248 NHT 45750 a |
|
| 1 |
| from participation in deliberations and voting under this | 2 |
| Section may be
considered present for purposes of establishing | 3 |
| a quorum. Award of such
a contract shall require approval by a | 4 |
| majority vote of those members
presently holding office. | 5 |
| Consideration and award of any such contract
in which a member | 6 |
| or members are interested may only be made at a
regularly | 7 |
| scheduled public meeting of the governing body of the school
| 8 |
| district.
| 9 |
| (g) Any school board member who violates this Section is | 10 |
| guilty of a
Class 4 felony and in addition thereto any office | 11 |
| held by such person so
convicted shall become vacant and shall | 12 |
| be so declared as part of the
judgment of the court.
| 13 |
| (Source: P.A. 89-244, eff. 8-4-95.)".
|
|