Bill Text: IL HB6238 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Illinois Municipal Code. Provides that a Section prohibiting certain officers and employees of a municipality from having an interest in certain contracts does not apply to a mayor who is a member of the board of an investor-owned public service corporation. Provides that a Section prohibiting certain officers and employees of a municipality from requesting, accepting, or receiving services or employment from certain public utility owners does not apply to a mayor who is a member of an investor-owned public service corporation. In a Section prohibiting a mayor or commissioner from being an official of any public service corporation at the time he or she assumes office, provides that a member of the board of an investor-owned public service corporation is not an official of a public service corporation. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB6238 Detail]

Download: Illinois-2011-HB6238-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB6238 Introduced , by Rep. Joe Sosnowski SYNOPSIS AS INTRODUCED:
65 ILCS 5/4-8-6 from Ch. 24, par. 4-8-6
65 ILCS 5/4-8-6a from Ch. 24, par. 4-8-6a
65 ILCS 5/4-8-7 from Ch. 24, par. 4-8-7
Amends the Illinois Municipal Code. Provides that a Section prohibiting certain officers and employees of a municipality from having an interest in certain contracts does not apply to a mayor who is a member of the board of an investor-owned public service corporation. Provides that a Section prohibiting certain officers and employees of a municipality from requesting, accepting, or receiving services or employment from certain public utility owners does not apply to a mayor who is a member of an investor-owned public service corporation. In a Section prohibiting a mayor or commissioner from being an official of any public service corporation at the time he or she assumes office, provides that a member of the board of an investor-owned public service corporation is not an official of a public service corporation. Effective immediately.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Sections 4-8-6, 4-8-6a, and 4-8-7 as follows:
(65 ILCS 5/4-8-6) (from Ch. 24, par. 4-8-6)
Sec. 4-8-6. (a) No officer or employee elected or appointed
under this article shall be interested, directly or indirectly,
in his own name or in the name of any other person,
association, trust or corporation, in any contract for work or
materials, or profits thereof, or services to be furnished or
performed for the municipality or for any person operating a
public utility wholly or partly within the territorial limits
of the municipality.
(b) However, any elected or appointed member of the
governing body may provide materials, merchandise, property,
services or labor, if:
A. the contract is with a person, firm, partnership,
association, corporation, or cooperative association in which
such interested member of the governing body of the
municipality has less than a 7 1/2% share in the ownership; and
B. such interested member publicly discloses the nature and
extent of his interest prior to or during deliberations

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concerning the proposed award of the contract; and
C. such interested member abstains from voting on the award
of the contract, though he shall be considered present for the
purposes of establishing a quorum; and
D. such contract is approved by a majority vote of those
members presently holding office; and
E. the contract is awarded after sealed bids to the lowest
responsible bidder if the amount of the contract exceeds $1500,
or awarded without bidding if the amount of the contract is
less than $1500; and
F. the award of the contract would not cause the aggregate
amount of all such contracts so awarded to the same person,
firm, association, partnership, corporation, or cooperative
association in the same fiscal year to exceed $25,000.
(c) In addition to the above exemption, any elected or
appointed member of the governing body may provide materials,
merchandise, property, services or labor if:
A. the award of the contract is approved by a majority vote
of the governing body of the municipality provided that any
such interested member shall abstain from voting; and
B. the amount of the contract does not exceed $1000; and
C. the award of the contract would not cause the aggregate
amount of all such contracts so awarded to the same person,
firm, association, partnership, corporation, or cooperative
association in the same fiscal year to exceed $2000; and
D. such interested member publicly discloses the nature and

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extent of his interest prior to or during deliberations
concerning the proposed award of the contract; and
E. such interested member abstains from voting on the award
of the contract, though he shall be considered present for the
purposes of establishing a quorum.
(d) A contract for the procurement of public utility
services by a municipality with a public utility company is not
barred by this Section by one or more members of the governing
body being an officer or employee of the public utility company
or holding an ownership interest of no more than 7 1/2 % in the
public utility company, or holding an ownership interest of any
size if the municipality has a population of less than 7,500
and the public utility's rates are approved by the Illinois
Commerce Commission. An elected or appointed member of the
governing body having such an interest shall be deemed not to
have a prohibited interest under this Section.
(e) Any officer who violates this Section is guilty of a
Class 4 felony and in addition thereto any office held by such
person so convicted shall become vacant and shall be so
declared as part of the judgment of the court.
(f) Nothing contained in this Section, including the
restrictions set forth in subsections (b), (c) and (d), shall
preclude a contract of deposit of monies, loans or other
financial services by a municipality with a local bank or local
savings and loan association, regardless of whether a member or
members of the governing body of the municipality are

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interested in such bank or savings and loan association as an
officer or employee or as a holder of less than 7 1/2% of the
total ownership interest. A member or members holding such an
interest in such a contract shall not be deemed to be holding a
prohibited interest for purposes of this Act. Such interested
member or members of the governing body must publicly state the
nature and extent of their interest during deliberations
concerning the proposed award of such a contract, but shall not
participate in any further deliberations concerning the
proposed award. Such interested member or members shall not
vote on such a proposed award. Any member or members abstaining
from participation in deliberations and voting under this
Section may be considered present for purposes of establishing
a quorum. Award of such a contract shall require approval by a
majority vote of those members presently holding office.
Consideration and award of any such contract in which a member
or members are interested may only be made at a regularly
scheduled public meeting of the governing body of the
municipality.
(g) This Section does not apply to a mayor elected under
this Article who is a member of the board of an investor-owned
public service corporation.
(Source: P.A. 82-399.)
(65 ILCS 5/4-8-6a) (from Ch. 24, par. 4-8-6a)
Sec. 4-8-6a. No officer or employee elected or appointed

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under this Article shall request, accept, or receive, directly
or indirectly, from any person owning, operating, or leasing
within or partly within the territorial limits of the
municipality, any public utility, or any water craft leaving or
entering or operating within the municipality, any service or
transportation upon terms more favorable than are granted to
the public generally, or any employment, for hire or otherwise,
or any free service or transportation, either for himself or
any other person.
A violation of this Section is a petty offense. A
conviction shall effect a forfeiture of the office or
employment.
The prohibition of free transportation shall not apply to
policemen or firemen in uniform, nor shall this Section affect
any free service to municipal officers or employees provided by
any franchise or license, granted prior to March 9, 1910.
This Section does not apply to a mayor elected under this
Article who is a member of the board of an investor-owned
public service corporation.
(Source: P.A. 80-938.)
(65 ILCS 5/4-8-7) (from Ch. 24, par. 4-8-7)
Sec. 4-8-7. No mayor or commissioner elected under this
article shall be an official of any public service corporation
at the time he assumes office. A violation of this section is a
Class A misdemeanor.

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For the purposes of this Section, a member of the board of
an investor-owned public service corporation is not an official
of a public service corporation.
(Source: P.A. 77-2500.)
Section 99. Effective date. This Act takes effect upon
becoming law.