Full Text of HB2079 103rd General Assembly
HB2079 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2079 Introduced 2/7/2023, by Rep. Anna Moeller - Daniel Didech SYNOPSIS AS INTRODUCED: |
|
50 ILCS 105/3 | from Ch. 102, par. 3 |
|
Amends the Public Officer Prohibited Activities Act. Provides that a township officer may hold a position on the board of a not-for-profit corporation that is interested in a contract, work, or business of the township if: (1) the township officer is appointed by the governing body of the township to represent the interests of the township on a not-for-profit corporation's board, then the township officer may actively vote on matters involving either that board or the township, so long as the membership on the not-for-profit board is not a paid position; or (2) the township officer is not appointed to the governing body of a not-for-profit corporation by the governing body of the township, then the township officer may continue to serve, however, the township officer shall abstain from voting on an proposition before the township governing body directly involving the not-for-profit corporation and, for those matters, shall not be counted as present for the purposes of quorum of the township governing body.
|
| |
| | A BILL FOR |
|
| | | HB2079 | | LRB103 04677 AWJ 49685 b |
|
| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Public Officer Prohibited Activities Act is | 5 | | amended by changing Section 3 as follows:
| 6 | | (50 ILCS 105/3) (from Ch. 102, par. 3)
| 7 | | Sec. 3. Prohibited interest in contracts.
| 8 | | (a) No person holding any office, either by election or
| 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 | 17 | | application or bid for any
contract or work in regard to which | 18 | | such officer may be called upon to
vote. Nor may any such | 19 | | officer take or receive, or offer to take or
receive, either | 20 | | directly or indirectly, any money or other thing of
value as a | 21 | | gift or bribe or means of influencing his vote or action in
his | 22 | | official character. Any contract made and procured in | 23 | | violation
hereof is void. This Section shall not apply to any |
| | | HB2079 | - 2 - | LRB103 04677 AWJ 49685 b |
|
| 1 | | person serving on an
advisory panel or commission, to any | 2 | | director serving on a hospital
district board as provided | 3 | | under subsection (a-5) of Section 13 of the Hospital
District | 4 | | Law, or to any person serving as both a contractual employee | 5 | | and as a member of a public hospital board as provided under | 6 | | Article 11 of the Illinois Municipal Code in a municipality | 7 | | with a population between 13,000 and 16,000 that is located in | 8 | | a county with a population between 50,000 and 70,000.
| 9 | | (b) However, any elected or appointed member of the | 10 | | governing body
may provide materials, merchandise, property, | 11 | | services, or labor, subject
to
the following provisions under | 12 | | either paragraph (1) or (2):
| 13 | | (1) If:
| 14 | | A. the contract is with a person, firm, | 15 | | partnership, association,
corporation, or cooperative | 16 | | association in which such interested member
of the | 17 | | governing body of the municipality has less than a 7 | 18 | | 1/2% share in
the ownership; and
| 19 | | B. such interested member publicly discloses the | 20 | | nature and extent
of his interest prior to or during | 21 | | deliberations concerning the proposed
award of the | 22 | | contract; and
| 23 | | C. such interested member abstains from voting on | 24 | | the award of the
contract, though he shall be | 25 | | considered present for the purposes of
establishing a | 26 | | quorum; and
|
| | | HB2079 | - 3 - | LRB103 04677 AWJ 49685 b |
|
| 1 | | D. such contract is approved by a majority vote of | 2 | | those members
presently holding office; and
| 3 | | E. the contract is awarded after sealed bids to | 4 | | the lowest
responsible bidder if the amount of the | 5 | | contract exceeds $1500, or
awarded without bidding if | 6 | | the amount of the contract is less than
$1500; and
| 7 | | F. the award of the contract would not cause the | 8 | | aggregate amount of
all such contracts so awarded to | 9 | | the same person, firm, association,
partnership, | 10 | | corporation, or cooperative association in the same | 11 | | fiscal
year to exceed $25,000.
| 12 | | (2) If:
| 13 | | A. the award of the contract is approved by a | 14 | | majority vote of the
governing body of the | 15 | | municipality provided that any such interested member
| 16 | | shall abstain from voting; and
| 17 | | B. the amount of the contract does not exceed | 18 | | $2,000; and
| 19 | | C. the award of the contract would not cause the | 20 | | aggregate amount of
all such contracts so awarded to | 21 | | the same person, firm, association,
partnership, | 22 | | corporation, or cooperative association in the same | 23 | | fiscal
year to exceed $4,000; and
| 24 | | D. such interested member publicly discloses the | 25 | | nature and extent
of his interest prior to or during | 26 | | deliberations concerning the proposed
award of the |
| | | HB2079 | - 4 - | LRB103 04677 AWJ 49685 b |
|
| 1 | | contract; and
| 2 | | E. such interested member abstains from voting on | 3 | | the award of the
contract, though he shall be | 4 | | considered present for the purposes of
establishing a | 5 | | quorum.
| 6 | | (b-5) In addition to the above exemptions, any elected or | 7 | | appointed
member
of the governing body may provide materials, | 8 | | merchandise, property, services,
or labor if:
| 9 | | A. the contract is with a person, firm, partnership, | 10 | | association,
corporation, or cooperative association in | 11 | | which the interested member of the
governing body of the | 12 | | municipality, advisory panel, or commission has less than
| 13 | | a 1% share in the ownership; and
| 14 | | B. the award of the contract is approved by a majority | 15 | | vote of the
governing body of the municipality provided | 16 | | that any such interested member
shall abstain from voting; | 17 | | and
| 18 | | C. such interested member publicly discloses the | 19 | | nature and extent of his
interest before or during | 20 | | deliberations concerning the proposed award of the
| 21 | | contract; and
| 22 | | D. such interested member abstains from voting on the | 23 | | award of the
contract, though he shall be considered | 24 | | present for the purposes of
establishing a quorum.
| 25 | | (c) A contract for the procurement of public utility | 26 | | services by
a
public entity with a public utility company is |
| | | HB2079 | - 5 - | LRB103 04677 AWJ 49685 b |
|
| 1 | | not barred by this
Section by one or more members of the | 2 | | governing body of the public
entity being an officer or | 3 | | employee of the public utility company or
holding an ownership | 4 | | interest of no more than 7 1/2% in the public
utility company, | 5 | | or holding an ownership interest of any size if the public
| 6 | | entity is a municipality with a population of less than 7,500 | 7 | | and the public
utility's rates are approved by the Illinois | 8 | | Commerce Commission. An elected
or appointed member of the | 9 | | governing body of the public entity having such
an interest | 10 | | shall be deemed not to have a prohibited interest under this
| 11 | | Section.
| 12 | | (d) Notwithstanding any other provision of this Section or | 13 | | any
other
law to the contrary, until January 1, 1994, a member | 14 | | of
the city council of a municipality with a population under | 15 | | 20,000 may
purchase real estate from the municipality, at a | 16 | | price of not less than
100% of the value of the real estate as | 17 | | determined by a written MAI
certified appraisal or by a | 18 | | written certified appraisal of a State
certified or licensed | 19 | | real estate appraiser,
if the purchase is approved by a
| 20 | | unanimous vote of the city council members then holding office | 21 | | (except for
the member desiring to purchase the real estate, | 22 | | who shall not vote on the
question).
| 23 | | (e) For the purposes of this Section only, a municipal | 24 | | officer shall not
be deemed interested if the officer is an | 25 | | employee of a company or owns or
holds
an
interest of 1% or | 26 | | less in the municipal officer's individual name in a company,
|
| | | HB2079 | - 6 - | LRB103 04677 AWJ 49685 b |
|
| 1 | | or
both, that company is involved in the
transaction of | 2 | | business
with the municipality, and that company's stock is | 3 | | traded on a nationally
recognized securities market, provided | 4 | | the interested member: (i) publicly
discloses the fact that he | 5 | | or she is an employee or holds an interest of 1% or
less in a | 6 | | company before deliberation of the proposed award of the
| 7 | | contract; (ii) refrains from evaluating, recommending, | 8 | | approving, deliberating,
or otherwise participating in | 9 | | negotiation, approval, or both, of the contract,
work, or | 10 | | business; (iii) abstains from voting on the award of the | 11 | | contract
though he or she shall be considered present for | 12 | | purposes of establishing a
quorum; and (iv) the contract is | 13 | | approved by a majority vote of those members
currently holding | 14 | | office.
| 15 | | A municipal officer shall not be deemed interested if the | 16 | | officer owns or
holds an interest of 1% or less, not in the | 17 | | officer's individual name but
through a mutual fund or | 18 | | exchange-traded fund, in a company, that company is involved | 19 | | in the
transaction
of business with the municipality, and that | 20 | | company's stock is traded on a
nationally recognized | 21 | | securities market.
| 22 | | (f) Under either of the following circumstances, a | 23 | | municipal , or county , or township officer may hold a position | 24 | | on the board of a not-for-profit corporation that is | 25 | | interested in a contract, work, or business of the | 26 | | municipality , or county , or township : |
| | | HB2079 | - 7 - | LRB103 04677 AWJ 49685 b |
|
| 1 | | (1) If the municipal , or county , or township officer | 2 | | is appointed by the governing body of the municipality , or | 3 | | county , or township to represent the interests of the | 4 | | municipality , or county , or township on a not-for-profit | 5 | | corporation's board, then the municipal , or county , or | 6 | | township officer may actively vote on matters involving | 7 | | either that board or the municipality , or county , or | 8 | | township , at any time, so long as the membership on the | 9 | | not-for-profit board is not a paid position, except that | 10 | | the municipal , or county , or township officer may be | 11 | | reimbursed by the not-for-profit board for expenses | 12 | | incurred as the result of membership on the not-for-profit | 13 | | board. | 14 | | (2) If the municipal , or county , or township officer | 15 | | is not appointed to the governing body of a not-for-profit | 16 | | corporation by the governing body of the municipality , or | 17 | | county , or township , then the municipal , or county , or | 18 | | township officer may continue to serve; however, the | 19 | | municipal , or county , or township officer shall abstain | 20 | | from voting on any proposition before the municipal , or | 21 | | county , or township governing body directly involving the | 22 | | not-for-profit corporation and, for those matters, shall | 23 | | not be counted as present for the purposes of a quorum of | 24 | | the municipal , or county , or township governing body. | 25 | | (Source: P.A. 100-201, eff. 8-18-17.)
|
|