Bill Text: IL SB1889 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: 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".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-10-21 - Chief Sponsor Changed to Sen. Don Harmon [SB1889 Detail]

Download: Illinois-2021-SB1889-Introduced.html

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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".
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FISCAL NOTE ACT MAY APPLY
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 Section 8-9-1 as follows:
(65 ILCS 5/8-9-1) (from Ch. 24, par. 8-9-1)
Sec. 8-9-1. In municipalities of less than 500,000 except
as otherwise provided in Articles 4 and 5 any public work or
other public improvement which is not to be paid for in whole
or in part by special assessment or special taxation, when the
expense thereof will exceed $25,000, shall be constructed
either (1) by a contract let to the lowest responsible bidder
after advertising for bids, in the manner prescribed by
ordinance, except that any such contract may be entered into
by the proper officers without advertising for bids, if
authorized by a vote of two-thirds of all the aldermen or
trustees then holding office; or (2) if (i) the aldermen or
trustees of a municipality, by a vote of two-thirds, have
granted the mayor powers under Section 11-1-6 during a state
of emergency, or the mayor has declared a local disaster under
Section 11 of 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

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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, then contracts
may be let to the extent necessary to resolve the state of
emergency or local disaster without public advertisement. 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 in the following manner, if
authorized by a vote of two-thirds of all the aldermen or
trustees then holding office, to-wit: the commissioner of
public works or other proper officers to be designated by
ordinance, shall superintend and cause to be carried out the
construction of the work or other public improvement and shall
employ exclusively for the performance of all manual labor
thereon, laborers and artisans whom the municipality shall pay
by the day or hour; and all material of the value of $25,000
and upward used in the construction of the work or other public
improvement, shall be purchased by contract let to the lowest
responsible bidder in the manner to be prescribed by
ordinance.
Nothing However, nothing contained in this section shall
apply to any contract by a city, village or incorporated town
with the federal government or any agency thereof.
In every city which has adopted Division 1 of Article 10,
every such laborer or artisan shall be certified by the civil

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