65 ILCS 5/ Illinois Municipal Code.

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

65 ILCS 5/Art. 11 Div. 42.1

(65 ILCS 5/Art. 11 Div. 42.1 heading) DIVISION 42.1.

PUBLIC CONTRACTS

65 ILCS 5/11-42.1-1

(65 ILCS 5/11-42.1-1) (from Ch. 24, par. 11-42.1-1)

Sec. 11-42.1-1.

(a) Except as provided otherwise in this Section, a
municipality may not enter into a contract or agreement with an individual
or other entity that is delinquent in the payment of any tax administered
by the Department of Revenue unless the individual or other entity is
contesting, in accordance with the procedures established by the
appropriate revenue Act, its liability for the tax or the amount of tax.
Before awarding a contract, the municipality shall obtain a statement under
oath from the individual or entity that no such taxes are delinquent.
Making a false statement is a Class A misdemeanor.  In addition, making a
false statement voids the contract and allows the municipality to recover
all amounts paid to the individual or entity under the contract in a civil
action.  A municipality may not regulate contracts with individuals or
entities that are delinquent in payment of such taxes in a manner
inconsistent with this Section.  This Section is a
limitation under subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule municipalities of
powers and functions exercised by the State.

(b) For purposes of this Section, a person or other entity shall not be
considered delinquent in the payment of a tax if the person or entity
(1) has entered into an agreement with the Department of Revenue for the
payment of all such taxes that are due and (2) is in compliance with the
agreement.  In that case, the sworn statement required by subsection (a)
shall state those facts.

(c) Notwithstanding the provisions of subsection (a), a municipality may
enter into a contract with an individual or other entity that is delinquent
in the payment of a tax if the contracting authority for the municipality determines that:

(1) the contract is for goods or services vital to

the public health, safety, or welfare; and

(2) the municipality is unable to acquire the goods

or services at a comparable price and of comparable quality from other sources.

(Source: P.A. 86-1039.)