Full Text of HB0058 98th General Assembly
HB0058ham001 98TH GENERAL ASSEMBLY | Rep. Joe Sosnowski Filed: 2/21/2013
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| 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, |
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| 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 |
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| 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 |
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| 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. |
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| 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 |
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| 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.".
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