|
Rep. Joe Sosnowski
Filed: 2/21/2013
| | 09800HB0058ham001 | | LRB098 03796 OMW 40419 a |
|
|
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, |
|
| | 09800HB0058ham001 | - 2 - | LRB098 03796 OMW 40419 a |
|
|
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 |
|
| | 09800HB0058ham001 | - 3 - | LRB098 03796 OMW 40419 a |
|
|
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 |
|
| | 09800HB0058ham001 | - 4 - | LRB098 03796 OMW 40419 a |
|
|
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. |
|
| | 09800HB0058ham001 | - 5 - | LRB098 03796 OMW 40419 a |
|
|
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 |
|
| | 09800HB0058ham001 | - 6 - | LRB098 03796 OMW 40419 a |
|
|
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.".
|