605 ILCS 5/6-411.1
2021 Illinois Compiled Statutes|Chapter 605 - ROADS AND BRIDGES|605 ILCS 5/ - Illinois Highway Code.|Article 6 - Administration Of Township And District Roads

Sec. 6-411.1.     Pecuniary interest in contracts.(a) Except as provided in this Section, no road district officer or employee  shall be interested, directly or indirectly, in his or her own  name or in the name of any other person, association, trust, or  corporation, in any contract for work or materials, profits of work or  materials, or services to be furnished or performed for the road district or  for any  person operating a public utility wholly or partly within the  territorial limits of the road district.(b) Any elected or appointed member of the governing body  may provide materials, merchandise, property, services, or labor if:(1) the contract is with a person, firm, partnership,     association, corporation, or cooperative association in which the interested member of the governing body of the road district has less than a 7 1/2% share in the ownership; and(2) the interested member publicly discloses the     nature and extent of his or her interest before or during deliberations concerning the proposed award of the contract; and(3) the interested member abstains from voting on the     award of the contract, though he or she shall be considered present for the purposes of establishing a quorum; and(4) the contract is approved by a majority vote of     those members presently holding office; and(5) the contract is awarded after sealed bids to the     lowest responsible bidder if the amount of the contract exceeds $1,000, or awarded without bidding if the amount of the contract is less than $1,000; and(6) the award of the contract would not cause the     aggregate amount of all contracts 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 subsection (b), any elected or appointed  member of the governing body may provide materials, merchandise,  property, services, or labor if:(1) the award of the contract is approved by a     majority vote of the governing body of the road district, provided that any interested member shall abstain from voting; and(2) the amount of the contract does not exceed     $1,000; and(3) the award of the contract would not cause the     aggregate amount of all contracts awarded to the same person, firm, association, partnership, corporation, or cooperative association in the same fiscal year to exceed $1,000; and(4) the interested member publicly discloses the     nature and extent of his or her interest before or during deliberations concerning the proposed award of the contract; and(5) the interested member abstains from voting on the     award of the contract, though he or she shall be considered present for the purposes of establishing a quorum; and(6) no other vendor is available within a 25-mile     radius of the road district.(d) A contract for the procurement of public utility services by a  road district 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, 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 road district 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.  Any office held by the person so  convicted shall become vacant and shall be declared vacant 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 moneys, loans, or other financial services by a road district  with a local bank or local savings and loan association, regardless of  whether a member or members of the governing body of the road district  are interested in the 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  a contract shall not be deemed to be holding a prohibited interest for  purposes of this Section.  The 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.  The interested member or members shall  not vote on 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  a contract shall require approval by a majority vote of those members  presently holding office.  Consideration and award of any 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  road district.    (Source: P.A. 89-305, eff. 1-1-96.)