SB1889 102ND GENERAL ASSEMBLY

LRB102 16295 AWJ 21677 b

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".

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 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 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.)