Illinois General Assembly - Full Text of SB1889
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Full Text of SB1889  102nd General Assembly

SB1889 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1889

 

Introduced 2/26/2021, by Sen. John F. Curran

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/8-9-1  from Ch. 24, par. 8-9-1

    Amends the Illinois Municipal Code. Provides that, in municipalities of less than 500,000, any public work (currently, just "work") or other public improvement with expenses exceeding $25,000 which is not to be paid for in whole or in part by special assessment or special taxation may be constructed by a contract let without public advertisement to the extent necessary to resolve a local state of emergency or local disaster if (i) the aldermen or trustees of a municipality, by a vote of two-thirds, have granted the mayor powers under a state of emergency, or the mayor has declared a local disaster under the Illinois Emergency Management Agency Act, with affirmation by resolution or ordinance by two-thirds of the aldermen or trustees of the municipality, and (ii) the resolution or ordinance granting the powers or affirming the local disaster has fixed the date upon which the state of emergency or local disaster shall terminate. Provides that the date that the state of emergency or local disaster shall terminate fixed in the resolution or ordinance may be extended or shortened by the aldermen or trustees in their judgment as the circumstances require. Defines "public work".


LRB102 16295 AWJ 21677 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1889LRB102 16295 AWJ 21677 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Section 8-9-1 as follows:
 
6    (65 ILCS 5/8-9-1)  (from Ch. 24, par. 8-9-1)
7    Sec. 8-9-1. In municipalities of less than 500,000 except
8as otherwise provided in Articles 4 and 5 any public work or
9other public improvement which is not to be paid for in whole
10or in part by special assessment or special taxation, when the
11expense thereof will exceed $25,000, shall be constructed
12either (1) by a contract let to the lowest responsible bidder
13after advertising for bids, in the manner prescribed by
14ordinance, except that any such contract may be entered into
15by the proper officers without advertising for bids, if
16authorized by a vote of two-thirds of all the aldermen or
17trustees then holding office; or (2) if (i) the aldermen or
18trustees of a municipality, by a vote of two-thirds, have
19granted the mayor powers under Section 11-1-6 during a state
20of emergency, or the mayor has declared a local disaster under
21Section 11 of the Illinois Emergency Management Agency Act,
22with affirmation by resolution or ordinance by two-thirds of
23the aldermen or trustees of the municipality, and (ii) the

 

 

SB1889- 2 -LRB102 16295 AWJ 21677 b

1resolution or ordinance granting the powers or affirming the
2local disaster has fixed the date upon which the state of
3emergency or local disaster shall terminate, then contracts
4may be let to the extent necessary to resolve the state of
5emergency or local disaster without public advertisement. The
6date that the state of emergency or local disaster shall
7terminate fixed in the resolution or ordinance may be extended
8or shortened by the aldermen or trustees in their judgment as
9the circumstances require in the following manner, if
10authorized by a vote of two-thirds of all the aldermen or
11trustees then holding office, to-wit: the commissioner of
12public works or other proper officers to be designated by
13ordinance, shall superintend and cause to be carried out the
14construction of the work or other public improvement and shall
15employ exclusively for the performance of all manual labor
16thereon, laborers and artisans whom the municipality shall pay
17by the day or hour; and all material of the value of $25,000
18and upward used in the construction of the work or other public
19improvement, shall be purchased by contract let to the lowest
20responsible bidder in the manner to be prescribed by
21ordinance.
22    Nothing However, nothing contained in this section shall
23apply to any contract by a city, village or incorporated town
24with the federal government or any agency thereof.
25    In every city which has adopted Division 1 of Article 10,
26every such laborer or artisan shall be certified by the civil

 

 

SB1889- 3 -LRB102 16295 AWJ 21677 b

1service commission to the commissioner of public works or
2other proper officers, in accordance with the requirement of
3that division.
4    In municipalities of 500,000 or more population the
5letting of contracts for work or other public improvements of
6the character described in this section shall be governed by
7the provisions of Division 10 of this Article 8.
8    As used in this Section, "public work" means all work and
9public improvements, including, but not limited to, real
10property constructed or demolished by any public body, or paid
11for wholly or in part out of public funds including any
12maintenance, repair, assembly, or disassembly of work
13performed on equipment whether owned, leased, or rented.
14"Public work" includes all projects financed in whole or in
15part with bonds, grants, loans, or other funds made available
16by or through the State or any unit of local government.
17(Source: P.A. 100-338, eff. 8-25-17.)