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Sen. Tim Bivins
Filed: 5/19/2014
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1 | | AMENDMENT TO HOUSE BILL 5812
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2 | | AMENDMENT NO. ______. Amend House Bill 5812 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Public Officer Prohibited Activities Act is |
5 | | amended by changing Section 3 as follows:
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6 | | (50 ILCS 105/3) (from Ch. 102, par. 3)
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7 | | Sec. 3. Prohibited interest in contracts.
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8 | | (a) No person holding any office, either by election or
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9 | | appointment under the laws or Constitution of this State, may |
10 | | be in any
manner financially interested directly
in
his own |
11 | | name or indirectly in
the name of any other person, |
12 | | association, trust, or corporation, in any
contract or the |
13 | | performance of any work in the making or letting of
which such |
14 | | officer may be called upon to act or vote. No such officer
may |
15 | | represent, either as agent or otherwise, any person, |
16 | | association,
trust, or corporation, with respect to any |
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1 | | application or bid for any
contract or work in regard to which |
2 | | such officer may be called upon to
vote. Nor may any such |
3 | | officer take or receive, or offer to take or
receive, either |
4 | | directly or indirectly, any money or other thing of
value as a |
5 | | gift or bribe or means of influencing his vote or action in
his |
6 | | official character. Any contract made and procured in violation
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7 | | hereof is void. This Section shall not apply to any person |
8 | | serving on an
advisory panel or commission, 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, or |
11 | | to any person serving as both a contractual employee and as a |
12 | | member of a public hospital board as provided under Article 11 |
13 | | of the Illinois Municipal Code in a municipality with a |
14 | | population between 13,000 and 16,000 that is located in a |
15 | | county with a population between 50,000 and 70,000.
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16 | | (b) However, any elected or appointed member of the |
17 | | governing body
may provide materials, merchandise, property, |
18 | | services, or labor, subject
to
the following provisions under |
19 | | either paragraph (1) or (2):
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20 | | (1) If:
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21 | | A. the contract is with a person, firm, |
22 | | partnership, association,
corporation, or cooperative |
23 | | association in which such interested member
of the |
24 | | governing body of the municipality has less than a 7 |
25 | | 1/2% share in
the ownership; and
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26 | | B. such interested member publicly discloses the |
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1 | | nature and extent
of his interest prior to or during |
2 | | deliberations concerning the proposed
award of the |
3 | | contract; and
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4 | | C. such interested member abstains from voting on |
5 | | the award of the
contract, though he shall be |
6 | | considered present for the purposes of
establishing a |
7 | | quorum; and
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8 | | D. such contract is approved by a majority vote of |
9 | | those members
presently holding office; and
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10 | | E. the contract is awarded after sealed bids to the |
11 | | lowest
responsible bidder if the amount of the contract |
12 | | exceeds $1500, or
awarded without bidding if the amount |
13 | | of the contract is less than
$1500; and
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14 | | F. the award of the contract would not cause the |
15 | | aggregate amount of
all such contracts so awarded to |
16 | | the same person, firm, association,
partnership, |
17 | | corporation, or cooperative association in the same |
18 | | fiscal
year to exceed $25,000.
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19 | | (2) If:
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20 | | A. the award of the contract is approved by a |
21 | | majority vote of the
governing body of the municipality |
22 | | provided that any such interested member
shall abstain |
23 | | from voting; and
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24 | | B. the amount of the contract does not exceed |
25 | | $2,000; and
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26 | | C. the award of the contract would not cause the |
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1 | | aggregate amount of
all such contracts so awarded to |
2 | | the same person, firm, association,
partnership, |
3 | | corporation, or cooperative association in the same |
4 | | fiscal
year to exceed $4,000; and
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5 | | D. such interested member publicly discloses the |
6 | | nature and extent
of his interest prior to or during |
7 | | deliberations concerning the proposed
award of the |
8 | | contract; and
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9 | | E. such interested member abstains from voting on |
10 | | the award of the
contract, though he shall be |
11 | | considered present for the purposes of
establishing a |
12 | | quorum.
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13 | | (b-5) In addition to the above exemptions, any elected or |
14 | | appointed
member
of the governing body may provide materials, |
15 | | merchandise, property, services,
or labor if:
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16 | | A. the contract is with a person, firm, partnership, |
17 | | association,
corporation, or cooperative association in |
18 | | which the interested member of the
governing body of the |
19 | | municipality, advisory panel, or commission has less than
a |
20 | | 1% share in the ownership; and
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21 | | B. the award of the contract is approved by a majority |
22 | | vote of the
governing body of the municipality provided |
23 | | that any such interested member
shall abstain from voting; |
24 | | and
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25 | | C. such interested member publicly discloses the |
26 | | nature and extent of his
interest before or during |
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1 | | deliberations concerning the proposed award of the
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2 | | contract; and
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3 | | D. such interested member abstains from voting on the |
4 | | award of the
contract, though he shall be considered |
5 | | present for the purposes of
establishing a quorum.
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6 | | (c) A contract for the procurement of public utility |
7 | | services by
a
public entity with a public utility company is |
8 | | not barred by this
Section by one or more members of the |
9 | | governing body of the public
entity being an officer or |
10 | | employee of the public utility company or
holding an ownership |
11 | | interest of no more than 7 1/2% in the public
utility company, |
12 | | or holding an ownership interest of any size if the public
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13 | | entity is a municipality with 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 | | governing body of the public entity having such
an interest |
17 | | shall be deemed not to have a prohibited interest under this
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18 | | Section.
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19 | | (d) Notwithstanding any other provision of this Section or |
20 | | any
other
law to the contrary, until January 1, 1994, a member |
21 | | of
the city council of a municipality with a population under |
22 | | 20,000 may
purchase real estate from the municipality, at a |
23 | | price of not less than
100% of the value of the real estate as |
24 | | determined by a written MAI
certified appraisal or by a written |
25 | | certified appraisal of a State
certified or licensed real |
26 | | estate appraiser,
if the purchase is approved by a
unanimous |
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1 | | vote of the city council members then holding office (except |
2 | | for
the member desiring to purchase the real estate, who shall |
3 | | not vote on the
question).
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4 | | (e) For the purposes of this Section only, a municipal |
5 | | officer shall not
be deemed interested if the officer is an |
6 | | employee of a company or owns or
holds
an
interest of 1% or |
7 | | less in the municipal officer's individual name in a company,
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8 | | or
both, that company is involved in the
transaction of |
9 | | business
with the municipality, and that company's stock is |
10 | | traded on a nationally
recognized securities market, provided |
11 | | the interested member: (i) publicly
discloses the fact that he |
12 | | or she is an employee or holds an interest of 1% or
less in a |
13 | | company before deliberation of the proposed award of the
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14 | | contract; (ii) refrains from evaluating, recommending, |
15 | | approving, deliberating,
or otherwise participating in |
16 | | negotiation, approval, or both, of the contract,
work, or |
17 | | business; (iii) abstains from voting on the award of the |
18 | | contract
though he or she shall be considered present for |
19 | | purposes of establishing a
quorum; and (iv) the contract is |
20 | | approved by a majority vote of those members
currently holding |
21 | | office.
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22 | | A municipal officer shall not be deemed interested if the |
23 | | officer owns or
holds an interest of 1% or less, not in the |
24 | | officer's individual name but
through a mutual fund or |
25 | | exchange-traded fund, in a company, that company is involved in |
26 | | the
transaction
of business with the municipality, and that |
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1 | | company's stock is traded on a
nationally recognized securities |
2 | | market.
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3 | | (f) Under either of the following circumstances, a |
4 | | municipal or county officer may hold a position on the board of |
5 | | a not-for-profit corporation that is interested in a contract, |
6 | | work, or business of the municipality or county : |
7 | | (1) If the municipal or county officer is appointed by |
8 | | the governing body of the municipality or county to |
9 | | represent the interests of the municipality or county on a |
10 | | not-for-profit corporation's board, then the municipal or |
11 | | county officer may actively vote on matters involving |
12 | | either that board or the municipality or county , at any |
13 | | time, so long as the membership on the not-for-profit board |
14 | | is not a paid position, except that the municipal or county |
15 | | officer may be reimbursed by the non-for-profit board for |
16 | | expenses incurred as the result of membership on the |
17 | | non-for-profit board. |
18 | | (2) If the municipal or county officer is not appointed |
19 | | to the governing body of a not-for-profit corporation by |
20 | | the governing body of the municipality or county , then the |
21 | | municipal or county officer may continue to serve; however, |
22 | | the municipal or county officer shall abstain from voting |
23 | | on any proposition before the municipal or county governing |
24 | | body directly involving the not-for-profit corporation |
25 | | and, for those matters, shall not be counted as present for |
26 | | the purposes of a quorum of the municipal or county |