Illinois 2023-2024 Regular Session

Illinois House Bill HB2079 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0025
2	1		HB2079 EnrolledLRB103 04677 AWJ 49685 b HB2079 Enrolled LRB103 04677 AWJ 49685 b
3	2		HB2079 Enrolled LRB103 04677 AWJ 49685 b
4		-	AN ACT concerning local government.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Public Officer Prohibited Activities Act is
8		-	amended by changing Section 3 as follows:
9		-	(50 ILCS 105/3) (from Ch. 102, par. 3)
10		-	Sec. 3. Prohibited interest in contracts.
11		-	(a) No person holding any office, either by election or
12		-	appointment under the laws or Constitution of this State, may
13		-	be in any manner financially interested directly in his own
14		-	name or indirectly in the name of any other person,
15		-	association, trust, or corporation, in any contract or the
16		-	performance of any work in the making or letting of which such
17		-	officer may be called upon to act or vote. No such officer may
18		-	represent, either as agent or otherwise, any person,
19		-	association, trust, or corporation, with respect to any
20		-	application or bid for any contract or work in regard to which
21		-	such officer may be called upon to vote. Nor may any such
22		-	officer take or receive, or offer to take or receive, either
23		-	directly or indirectly, any money or other thing of value as a
24		-	gift or bribe or means of influencing his vote or action in his
25		-	official character. Any contract made and procured in
26		-	violation hereof is void. This Section shall not apply to any
	3	+	1 AN ACT concerning local government.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Public Officer Prohibited Activities Act is
	7	+	5 amended by changing Section 3 as follows:
	8	+	6 (50 ILCS 105/3) (from Ch. 102, par. 3)
	9	+	7 Sec. 3. Prohibited interest in contracts.
	10	+	8 (a) No person holding any office, either by election or
	11	+	9 appointment under the laws or Constitution of this State, may
	12	+	10 be in any manner financially interested directly in his own
	13	+	11 name or indirectly in the name of any other person,
	14	+	12 association, trust, or corporation, in any contract or the
	15	+	13 performance of any work in the making or letting of which such
	16	+	14 officer may be called upon to act or vote. No such officer may
	17	+	15 represent, either as agent or otherwise, any person,
	18	+	16 association, trust, or corporation, with respect to any
	19	+	17 application or bid for any contract or work in regard to which
	20	+	18 such officer may be called upon to vote. Nor may any such
	21	+	19 officer take or receive, or offer to take or receive, either
	22	+	20 directly or indirectly, any money or other thing of value as a
	23	+	21 gift or bribe or means of influencing his vote or action in his
	24	+	22 official character. Any contract made and procured in
	25	+	23 violation hereof is void. This Section shall not apply to any
27	26
28	27
29	28
30	29		HB2079 Enrolled LRB103 04677 AWJ 49685 b
31	30
32	31
33		-	person serving on an advisory panel or commission, to any
34		-	director serving on a hospital district board as provided
35		-	under subsection (a-5) of Section 13 of the Hospital District
36		-	Law, or to any person serving as both a contractual employee
37		-	and as a member of a public hospital board as provided under
38		-	Article 11 of the Illinois Municipal Code in a municipality
39		-	with a population between 13,000 and 16,000 that is located in
40		-	a county with a population between 50,000 and 70,000.
41		-	(b) However, any elected or appointed member of the
42		-	governing body may provide materials, merchandise, property,
43		-	services, or labor, subject to the following provisions under
44		-	either paragraph (1) or (2):
45		-	(1) If:
46		-	A. the contract is with a person, firm,
47		-	partnership, association, corporation, or cooperative
48		-	association in which such interested member of the
49		-	governing body of the municipality has less than a 7
50		-	1/2% share in the ownership; and
51		-	B. such interested member publicly discloses the
52		-	nature and extent of his interest prior to or during
53		-	deliberations concerning the proposed award of the
54		-	contract; and
55		-	C. such interested member abstains from voting on
56		-	the award of the contract, though he shall be
57		-	considered present for the purposes of establishing a
58		-	quorum; and
	32	+	HB2079 Enrolled- 2 -LRB103 04677 AWJ 49685 b HB2079 Enrolled - 2 - LRB103 04677 AWJ 49685 b
	33	+	HB2079 Enrolled - 2 - LRB103 04677 AWJ 49685 b
	34	+	1 person serving on an advisory panel or commission, to any
	35	+	2 director serving on a hospital district board as provided
	36	+	3 under subsection (a-5) of Section 13 of the Hospital District
	37	+	4 Law, or to any person serving as both a contractual employee
	38	+	5 and as a member of a public hospital board as provided under
	39	+	6 Article 11 of the Illinois Municipal Code in a municipality
	40	+	7 with a population between 13,000 and 16,000 that is located in
	41	+	8 a county with a population between 50,000 and 70,000.
	42	+	9 (b) However, any elected or appointed member of the
	43	+	10 governing body may provide materials, merchandise, property,
	44	+	11 services, or labor, subject to the following provisions under
	45	+	12 either paragraph (1) or (2):
	46	+	13 (1) If:
	47	+	14 A. the contract is with a person, firm,
	48	+	15 partnership, association, corporation, or cooperative
	49	+	16 association in which such interested member of the
	50	+	17 governing body of the municipality has less than a 7
	51	+	18 1/2% share in the ownership; and
	52	+	19 B. such interested member publicly discloses the
	53	+	20 nature and extent of his interest prior to or during
	54	+	21 deliberations concerning the proposed award of the
	55	+	22 contract; and
	56	+	23 C. such interested member abstains from voting on
	57	+	24 the award of the contract, though he shall be
	58	+	25 considered present for the purposes of establishing a
	59	+	26 quorum; and
59	60
60	61
61		-	D. such contract is approved by a majority vote of
62		-	those members presently holding office; and
63		-	E. the contract is awarded after sealed bids to
64		-	the lowest responsible bidder if the amount of the
65		-	contract exceeds $1500, or awarded without bidding if
66		-	the amount of the contract is less than $1500; and
67		-	F. the award of the contract would not cause the
68		-	aggregate amount of all such contracts so awarded to
69		-	the same person, firm, association, partnership,
70		-	corporation, or cooperative association in the same
71		-	fiscal year to exceed $25,000.
72		-	(2) If:
73		-	A. the award of the contract is approved by a
74		-	majority vote of the governing body of the
75		-	municipality provided that any such interested member
76		-	shall abstain from voting; and
77		-	B. the amount of the contract does not exceed
78		-	$2,000; and
79		-	C. the award of the contract would not cause the
80		-	aggregate amount of all such contracts so awarded to
81		-	the same person, firm, association, partnership,
82		-	corporation, or cooperative association in the same
83		-	fiscal year to exceed $4,000; and
84		-	D. such interested member publicly discloses the
85		-	nature and extent of his interest prior to or during
86		-	deliberations concerning the proposed award of the
87	62
88	63
89		-	contract; and
90		-	E. such interested member abstains from voting on
91		-	the award of the contract, though he shall be
92		-	considered present for the purposes of establishing a
93		-	quorum.
94		-	(b-5) In addition to the above exemptions, any elected or
95		-	appointed member of the governing body may provide materials,
96		-	merchandise, property, services, or labor if:
97		-	A. the contract is with a person, firm, partnership,
98		-	association, corporation, or cooperative association in
99		-	which the interested member of the governing body of the
100		-	municipality, advisory panel, or commission has less than
101		-	a 1% share in the ownership; and
102		-	B. the award of the contract is approved by a majority
103		-	vote of the governing body of the municipality provided
104		-	that any such interested member shall abstain from voting;
105		-	and
106		-	C. such interested member publicly discloses the
107		-	nature and extent of his interest before or during
108		-	deliberations concerning the proposed award of the
109		-	contract; and
110		-	D. such interested member abstains from voting on the
111		-	award of the contract, though he shall be considered
112		-	present for the purposes of establishing a quorum.
113		-	(c) A contract for the procurement of public utility
114		-	services by a public entity with a public utility company is
	64	+
	65	+	HB2079 Enrolled - 2 - LRB103 04677 AWJ 49685 b
115	66
116	67
117		-	not barred by this Section by one or more members of the
118		-	governing body of the public entity being an officer or
119		-	employee of the public utility company or holding an ownership
120		-	interest of no more than 7 1/2% in the public utility company,
121		-	or holding an ownership interest of any size if the public
122		-	entity is a municipality with a population of less than 7,500
123		-	and the public utility's rates are approved by the Illinois
124		-	Commerce Commission. An elected or appointed member of the
125		-	governing body of the public entity having such an interest
126		-	shall be deemed not to have a prohibited interest under this
127		-	Section.
128		-	(d) Notwithstanding any other provision of this Section or
129		-	any other law to the contrary, until January 1, 1994, a member
130		-	of the city council of a municipality with a population under
131		-	20,000 may purchase real estate from the municipality, at a
132		-	price of not less than 100% of the value of the real estate as
133		-	determined by a written MAI certified appraisal or by a
134		-	written certified appraisal of a State certified or licensed
135		-	real estate appraiser, if the purchase is approved by a
136		-	unanimous vote of the city council members then holding office
137		-	(except for the member desiring to purchase the real estate,
138		-	who shall not vote on the question).
139		-	(e) For the purposes of this Section only, a municipal
140		-	officer shall not be deemed interested if the officer is an
141		-	employee of a company or owns or holds an interest of 1% or
142		-	less in the municipal officer's individual name in a company,
	68	+	HB2079 Enrolled- 3 -LRB103 04677 AWJ 49685 b HB2079 Enrolled - 3 - LRB103 04677 AWJ 49685 b
	69	+	HB2079 Enrolled - 3 - LRB103 04677 AWJ 49685 b
	70	+	1 D. such contract is approved by a majority vote of
	71	+	2 those members presently holding office; and
	72	+	3 E. the contract is awarded after sealed bids to
	73	+	4 the lowest responsible bidder if the amount of the
	74	+	5 contract exceeds $1500, or awarded without bidding if
	75	+	6 the amount of the contract is less than $1500; and
	76	+	7 F. the award of the contract would not cause the
	77	+	8 aggregate amount of all such contracts so awarded to
	78	+	9 the same person, firm, association, partnership,
	79	+	10 corporation, or cooperative association in the same
	80	+	11 fiscal year to exceed $25,000.
	81	+	12 (2) If:
	82	+	13 A. the award of the contract is approved by a
	83	+	14 majority vote of the governing body of the
	84	+	15 municipality provided that any such interested member
	85	+	16 shall abstain from voting; and
	86	+	17 B. the amount of the contract does not exceed
	87	+	18 $2,000; and
	88	+	19 C. the award of the contract would not cause the
	89	+	20 aggregate amount of all such contracts so awarded to
	90	+	21 the same person, firm, association, partnership,
	91	+	22 corporation, or cooperative association in the same
	92	+	23 fiscal year to exceed $4,000; and
	93	+	24 D. such interested member publicly discloses the
	94	+	25 nature and extent of his interest prior to or during
	95	+	26 deliberations concerning the proposed award of the
143	96
144	97
145		-	or both, that company is involved in the transaction of
146		-	business with the municipality, and that company's stock is
147		-	traded on a nationally recognized securities market, provided
148		-	the interested member: (i) publicly discloses the fact that he
149		-	or she is an employee or holds an interest of 1% or less in a
150		-	company before deliberation of the proposed award of the
151		-	contract; (ii) refrains from evaluating, recommending,
152		-	approving, deliberating, or otherwise participating in
153		-	negotiation, approval, or both, of the contract, work, or
154		-	business; (iii) abstains from voting on the award of the
155		-	contract though he or she shall be considered present for
156		-	purposes of establishing a quorum; and (iv) the contract is
157		-	approved by a majority vote of those members currently holding
158		-	office.
159		-	A municipal officer shall not be deemed interested if the
160		-	officer owns or holds an interest of 1% or less, not in the
161		-	officer's individual name but through a mutual fund or
162		-	exchange-traded fund, in a company, that company is involved
163		-	in the transaction of business with the municipality, and that
164		-	company's stock is traded on a nationally recognized
165		-	securities market.
166		-	(f) Under either of the following circumstances, a
167		-	municipal, or county, or township officer may hold a position
168		-	on the board of a not-for-profit corporation that is
169		-	interested in a contract, work, or business of the
170		-	municipality, or county, or township:
171	98
172	99
173		-	(1) If the municipal, or county, or township officer
174		-	is appointed by the governing body of the municipality, or
175		-	county, or township to represent the interests of the
176		-	municipality, or county, or township on a not-for-profit
177		-	corporation's board, then the municipal, or county, or
178		-	township officer may actively vote on matters involving
179		-	either that board or the municipality, or county, or
180		-	township, at any time, so long as the membership on the
181		-	not-for-profit board is not a paid position, except that
182		-	the municipal, or county, or township officer may be
183		-	reimbursed by the not-for-profit board for expenses
184		-	incurred as the result of membership on the not-for-profit
185		-	board.
186		-	(2) If the municipal, or county, or township officer
187		-	is not appointed to the governing body of a not-for-profit
188		-	corporation by the governing body of the municipality, or
189		-	county, or township, then the municipal, or county, or
190		-	township officer may continue to serve; however, the
191		-	municipal, or county, or township officer shall abstain
192		-	from voting on any proposition before the municipal, or
193		-	county, or township governing body directly involving the
194		-	not-for-profit corporation and, for those matters, shall
195		-	not be counted as present for the purposes of a quorum of
196		-	the municipal, or county, or township governing body.
197		-	(Source: P.A. 100-201, eff. 8-18-17.)
	100	+
	101	+	HB2079 Enrolled - 3 - LRB103 04677 AWJ 49685 b
	102	+
	103	+
	104	+	HB2079 Enrolled- 4 -LRB103 04677 AWJ 49685 b HB2079 Enrolled - 4 - LRB103 04677 AWJ 49685 b
	105	+	HB2079 Enrolled - 4 - LRB103 04677 AWJ 49685 b
	106	+	1 contract; and
	107	+	2 E. such interested member abstains from voting on
	108	+	3 the award of the contract, though he shall be
	109	+	4 considered present for the purposes of establishing a
	110	+	5 quorum.
	111	+	6 (b-5) In addition to the above exemptions, any elected or
	112	+	7 appointed member of the governing body may provide materials,
	113	+	8 merchandise, property, services, or labor if:
	114	+	9 A. the contract is with a person, firm, partnership,
	115	+	10 association, corporation, or cooperative association in
	116	+	11 which the interested member of the governing body of the
	117	+	12 municipality, advisory panel, or commission has less than
	118	+	13 a 1% share in the ownership; and
	119	+	14 B. the award of the contract is approved by a majority
	120	+	15 vote of the governing body of the municipality provided
	121	+	16 that any such interested member shall abstain from voting;
	122	+	17 and
	123	+	18 C. such interested member publicly discloses the
	124	+	19 nature and extent of his interest before or during
	125	+	20 deliberations concerning the proposed award of the
	126	+	21 contract; and
	127	+	22 D. such interested member abstains from voting on the
	128	+	23 award of the contract, though he shall be considered
	129	+	24 present for the purposes of establishing a quorum.
	130	+	25 (c) A contract for the procurement of public utility
	131	+	26 services by a public entity with a public utility company is
	132	+
	133	+
	134	+
	135	+
	136	+
	137	+	HB2079 Enrolled - 4 - LRB103 04677 AWJ 49685 b
	138	+
	139	+
	140	+	HB2079 Enrolled- 5 -LRB103 04677 AWJ 49685 b HB2079 Enrolled - 5 - LRB103 04677 AWJ 49685 b
	141	+	HB2079 Enrolled - 5 - LRB103 04677 AWJ 49685 b
	142	+	1 not barred by this Section by one or more members of the
	143	+	2 governing body of the public entity being an officer or
	144	+	3 employee of the public utility company or holding an ownership
	145	+	4 interest of no more than 7 1/2% in the public utility company,
	146	+	5 or holding an ownership interest of any size if the public
	147	+	6 entity is a municipality with a population of less than 7,500
	148	+	7 and the public utility's rates are approved by the Illinois
	149	+	8 Commerce Commission. An elected or appointed member of the
	150	+	9 governing body of the public entity having such an interest
	151	+	10 shall be deemed not to have a prohibited interest under this
	152	+	11 Section.
	153	+	12 (d) Notwithstanding any other provision of this Section or
	154	+	13 any other law to the contrary, until January 1, 1994, a member
	155	+	14 of the city council of a municipality with a population under
	156	+	15 20,000 may purchase real estate from the municipality, at a
	157	+	16 price of not less than 100% of the value of the real estate as
	158	+	17 determined by a written MAI certified appraisal or by a
	159	+	18 written certified appraisal of a State certified or licensed
	160	+	19 real estate appraiser, if the purchase is approved by a
	161	+	20 unanimous vote of the city council members then holding office
	162	+	21 (except for the member desiring to purchase the real estate,
	163	+	22 who shall not vote on the question).
	164	+	23 (e) For the purposes of this Section only, a municipal
	165	+	24 officer shall not be deemed interested if the officer is an
	166	+	25 employee of a company or owns or holds an interest of 1% or
	167	+	26 less in the municipal officer's individual name in a company,
	168	+
	169	+
	170	+
	171	+
	172	+
	173	+	HB2079 Enrolled - 5 - LRB103 04677 AWJ 49685 b
	174	+
	175	+
	176	+	HB2079 Enrolled- 6 -LRB103 04677 AWJ 49685 b HB2079 Enrolled - 6 - LRB103 04677 AWJ 49685 b
	177	+	HB2079 Enrolled - 6 - LRB103 04677 AWJ 49685 b
	178	+	1 or both, that company is involved in the transaction of
	179	+	2 business with the municipality, and that company's stock is
	180	+	3 traded on a nationally recognized securities market, provided
	181	+	4 the interested member: (i) publicly discloses the fact that he
	182	+	5 or she is an employee or holds an interest of 1% or less in a
	183	+	6 company before deliberation of the proposed award of the
	184	+	7 contract; (ii) refrains from evaluating, recommending,
	185	+	8 approving, deliberating, or otherwise participating in
	186	+	9 negotiation, approval, or both, of the contract, work, or
	187	+	10 business; (iii) abstains from voting on the award of the
	188	+	11 contract though he or she shall be considered present for
	189	+	12 purposes of establishing a quorum; and (iv) the contract is
	190	+	13 approved by a majority vote of those members currently holding
	191	+	14 office.
	192	+	15 A municipal officer shall not be deemed interested if the
	193	+	16 officer owns or holds an interest of 1% or less, not in the
	194	+	17 officer's individual name but through a mutual fund or
	195	+	18 exchange-traded fund, in a company, that company is involved
	196	+	19 in the transaction of business with the municipality, and that
	197	+	20 company's stock is traded on a nationally recognized
	198	+	21 securities market.
	199	+	22 (f) Under either of the following circumstances, a
	200	+	23 municipal, or county, or township officer may hold a position
	201	+	24 on the board of a not-for-profit corporation that is
	202	+	25 interested in a contract, work, or business of the
	203	+	26 municipality, or county, or township:
	204	+
	205	+
	206	+
	207	+
	208	+
	209	+	HB2079 Enrolled - 6 - LRB103 04677 AWJ 49685 b
	210	+
	211	+
	212	+	HB2079 Enrolled- 7 -LRB103 04677 AWJ 49685 b HB2079 Enrolled - 7 - LRB103 04677 AWJ 49685 b
	213	+	HB2079 Enrolled - 7 - LRB103 04677 AWJ 49685 b
	214	+	1 (1) If the municipal, or county, or township officer
	215	+	2 is appointed by the governing body of the municipality, or
	216	+	3 county, or township to represent the interests of the
	217	+	4 municipality, or county, or township on a not-for-profit
	218	+	5 corporation's board, then the municipal, or county, or
	219	+	6 township officer may actively vote on matters involving
	220	+	7 either that board or the municipality, or county, or
	221	+	8 township, at any time, so long as the membership on the
	222	+	9 not-for-profit board is not a paid position, except that
	223	+	10 the municipal, or county, or township officer may be
	224	+	11 reimbursed by the not-for-profit board for expenses
	225	+	12 incurred as the result of membership on the not-for-profit
	226	+	13 board.
	227	+	14 (2) If the municipal, or county, or township officer
	228	+	15 is not appointed to the governing body of a not-for-profit
	229	+	16 corporation by the governing body of the municipality, or
	230	+	17 county, or township, then the municipal, or county, or
	231	+	18 township officer may continue to serve; however, the
	232	+	19 municipal, or county, or township officer shall abstain
	233	+	20 from voting on any proposition before the municipal, or
	234	+	21 county, or township governing body directly involving the
	235	+	22 not-for-profit corporation and, for those matters, shall
	236	+	23 not be counted as present for the purposes of a quorum of
	237	+	24 the municipal, or county, or township governing body.
	238	+	25 (Source: P.A. 100-201, eff. 8-18-17.)
	239	+
	240	+
	241	+
	242	+
	243	+
	244	+	HB2079 Enrolled - 7 - LRB103 04677 AWJ 49685 b