Full Text of HB2409 96th General Assembly
HB2409 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2409
Introduced 2/19/2009, by Rep. Karen May SYNOPSIS AS INTRODUCED: |
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70 ILCS 2305/11 |
from Ch. 42, par. 287 |
70 ILCS 2305/12 |
from Ch. 42, par. 288 |
70 ILCS 2305/29 |
from Ch. 42, par. 296.9 |
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Amends the North Shore Sanitary District Act. In a provision pertaining to the mandatory competitive bid requirements of the sanitary district, exempts from the requirements contracts for the repair or replacement of equipment or facilities damaged as the result of an unexpected occurrence (flood, fire, tornado, or other disaster). Sets forth limitations on the exemption. Provides that the sanitary district may use a "design-build" procurement method for any public project under specified circumstances. Defines "design-build". Provides that the board of trustees may establish a self-insurance program. Provides that the board of trustees may provide for payment by the sanitary district of the costs of a self-insurance program. Makes other changes.
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A BILL FOR
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HB2409 |
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LRB096 08679 RLJ 18805 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The North Shore Sanitary District Act is amended | 5 |
| by changing Sections 11, 12, and 29 as follows:
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| (70 ILCS 2305/11) (from Ch. 42, par. 287)
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| Sec. 11. Except as otherwise provided in this Section, all | 8 |
| contracts
for purchases or sales by the municipality, the | 9 |
| expense of which will exceed
the mandatory competitive bid | 10 |
| threshold, shall be let to the
lowest responsible bidder | 11 |
| therefor upon not less
than 14 days' public notice of the terms | 12 |
| and conditions upon which the contract
is to be let, having | 13 |
| been given by publication in a newspaper of general
circulation | 14 |
| published in the district, and the board may reject any and all
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| bids and readvertise. In determining the lowest responsible | 16 |
| bidder, the board
shall take into consideration the qualities | 17 |
| and serviceability of the articles
supplied, their conformity | 18 |
| with specifications, their suitability to the
requirements of | 19 |
| the district, the availability of support services, the
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| uniqueness of the service, materials, equipment, or supplies as | 21 |
| it applies to
network integrated computer systems, the | 22 |
| compatibility of the service,
materials, equipment or supplies | 23 |
| with existing equipment, and the delivery
terms. Contracts for |
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HB2409 |
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LRB096 08679 RLJ 18805 b |
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| services in excess of the mandatory competitive bid
threshold | 2 |
| may, subject to the
provisions of this Section, be let by | 3 |
| competitive bidding at the discretion of
the district board of | 4 |
| trustees. All contracts for purchases or sales that
will not | 5 |
| exceed the mandatory competitive bid threshold may be made in | 6 |
| the open market without publication in a
newspaper as above | 7 |
| provided, but whenever practical shall be based on at least
3 | 8 |
| competitive bids. For purposes of this Section, the "mandatory | 9 |
| competitive
bid threshold"
is a dollar amount equal to 0.1% of | 10 |
| the total general fixed
assets of the district as reported in | 11 |
| the most recent required audit report.
In
no event, however, | 12 |
| shall the mandatory competitive bid threshold dollar amount
be | 13 |
| less than $10,000, nor more than $40,000.
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| Cash, a cashier's check, a
certified check, or a bid
bond | 15 |
| with adequate surety approved by the board of trustees as a | 16 |
| deposit of
good faith, in a reasonable amount, but not in | 17 |
| excess of 10% of the contract
amount, may be required of each | 18 |
| bidder by the district on all bids involving
amounts in excess | 19 |
| of the mandatory competitive bid threshold and, if so
required, | 20 |
| the advertisement for bids shall so specify.
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| Contracts which by their nature are not adapted to award by | 22 |
| competitive
bidding, including, without limitation, contracts | 23 |
| for the services of
individuals, groups or firms possessing a | 24 |
| high degree of professional skill
where the ability or fitness | 25 |
| of the individual or organization plays an
important part, | 26 |
| contracts for financial management services undertaken
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| pursuant to "An Act relating to certain investments of public | 2 |
| funds by
public agencies", approved July 23, 1943, as now or | 3 |
| hereafter amended,
contracts for the purchase or sale of | 4 |
| utilities, contracts for commodities including supply | 5 |
| contracts for natural gas and electricity, contracts for | 6 |
| materials
economically procurable only from a single source of | 7 |
| supply, contracts for services, supplies, materials, parts, or | 8 |
| equipment which are available only from a single source or | 9 |
| contracts for maintenance, repairs, OEM supplies, or OEM parts | 10 |
| from the manufacturer or from a source authorized by the | 11 |
| manufacturer, contracts for
the use, purchase, delivery, | 12 |
| movement, or installation of
data processing equipment, | 13 |
| software, or services and telecommunications and
interconnect | 14 |
| equipment, software, or services, contracts for duplicating
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| machines and supplies, contracts for goods or services procured | 16 |
| from another
governmental agency, purchases of equipment | 17 |
| previously owned by an entity
other than the district itself, | 18 |
| purchases of used equipment, purchases at auction or similar | 19 |
| transactions which by their very nature are not suitable to | 20 |
| competitive bids, and leases of real property where the | 21 |
| sanitary
district is the lessee shall not be subject to the | 22 |
| competitive bidding
requirements of this Section.
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| The District may use a design-build procurement method for | 24 |
| any public project provided the Board of Trustees approves the | 25 |
| contract for the public project by a vote of 4 of the 5 | 26 |
| trustees. For the purpose of this Section, "design-build" means |
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| a delivery system that provides responsibility within a single | 2 |
| contract for the furnishing of architecture, engineering, land | 3 |
| surveying and related services as required, and the labor, | 4 |
| materials, equipment, and other construction services for the | 5 |
| project. | 6 |
| In the case of an emergency affecting the public health or | 7 |
| safety so declared
by the Board of Trustees of the municipality | 8 |
| at a meeting thereof
duly convened, which declaration shall | 9 |
| require the affirmative vote of four
of the five Trustees | 10 |
| elected, and shall set forth the nature of the
danger to the | 11 |
| public health or safety, contracts totaling not more than the
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| emergency contract cap
may be let to the extent necessary to
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| resolve such emergency
without public advertisement or | 14 |
| competitive bidding.
For purposes of this Section, the | 15 |
| "emergency contract cap" is a dollar
amount equal to 0.4% of | 16 |
| the total general fixed assets of
the
district as reported in | 17 |
| the most recent required audit report.
In no event,
however, | 18 |
| shall the emergency contract cap dollar amount be less than | 19 |
| $40,000,
nor more than $250,000.
The Resolution
or Ordinance in | 20 |
| which such declaration is embodied shall fix the date upon
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| which such emergency shall terminate which date may be extended | 22 |
| or abridged
by the Board of Trustees as in their judgment the | 23 |
| circumstances require. A
full written account of any such | 24 |
| emergency, together with a requisition for the
materials, | 25 |
| supplies, labor or equipment required therefor shall be | 26 |
| submitted
immediately upon completion and shall be open to |
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| public inspection for a
period of at least one year subsequent | 2 |
| to the date of such emergency purchase.
Within 30 days after | 3 |
| the passage of the resolution or ordinance declaring an
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| emergency
affecting the public health or safety, the | 5 |
| municipality shall submit to the
Illinois
Environmental | 6 |
| Protection Agency the full written account of any such | 7 |
| emergency
along
with a copy of the resolution or ordinance | 8 |
| declaring the emergency, in
accordance with
requirements as may | 9 |
| be provided by rule.
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| To address operating emergencies not affecting the public | 11 |
| health or safety,
the
Board of Trustees shall authorize, in | 12 |
| writing, officials or employees of the
sanitary
district to | 13 |
| purchase in the open market and without advertisement any | 14 |
| supplies,
materials,
equipment, or services for immediate | 15 |
| delivery to meet the bona fide operating
emergency, without | 16 |
| filing a requisition or estimate therefor, in an amount not
in | 17 |
| excess of
$100,000; provided that the Board of Trustees must be | 18 |
| notified of the operating
emergency. A full, written account of | 19 |
| each operating emergency and a
requisition for the
materials, | 20 |
| supplies, equipment, and services required to meet the | 21 |
| operating
emergency
must be immediately submitted by the | 22 |
| officials or employees authorized to make
purchases to the
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| Board of
Trustees. The account must be available for public | 24 |
| inspection for a period of
at least one
year after the date of | 25 |
| the operating emergency purchase. The exercise of
authority | 26 |
| with
respect to purchases for a bona fide operating emergency |
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LRB096 08679 RLJ 18805 b |
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| is not dependent on a
declaration of an operating emergency by | 2 |
| the Board of Trustees.
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| The competitive bidding requirements of this Section do not | 4 |
| apply to contracts, including contracts for both materials and | 5 |
| services incidental thereto, for the repair or replacement of a | 6 |
| sanitary district's treatment plant, sewers, equipment, or | 7 |
| facilities damaged or destroyed as the result of a sudden or | 8 |
| unexpected occurrence, including, but not limited to, a flood, | 9 |
| fire, tornado, earthquake, storm, or other natural or man-made | 10 |
| disaster, if the board of trustees determines in writing that | 11 |
| the awarding of those contracts without competitive bidding is | 12 |
| reasonably necessary for the sanitary district to maintain | 13 |
| compliance with a permit issued under the National Pollution | 14 |
| Discharge Elimination System (NPDES) or any successor system or | 15 |
| with any outstanding order relating to that compliance issued | 16 |
| by the United States Environmental Protection Agency, the | 17 |
| Illinois Environmental Protection Agency, or the Illinois | 18 |
| Pollution Control Board. The authority to issue contracts | 19 |
| without competitive bidding
pursuant to this paragraph expires | 20 |
| 6 months after the date of the
writing determining that the | 21 |
| awarding of contracts without competitive bidding is | 22 |
| reasonably necessary. | 23 |
| No Trustee shall be interested, directly or indirectly, in | 24 |
| any contract,
work or business of the municipality, or in the | 25 |
| sale of any article, whenever
the expense, price or | 26 |
| consideration of the contract work, business or sale is
paid |
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| either from the treasury or by any assessment levied by any | 2 |
| Statute or
Ordinance. No Trustee shall be interested, directly | 3 |
| or indirectly, in the
purchase of any property which (1) | 4 |
| belongs to the municipality, or (2) is sold
for taxes or | 5 |
| assessments of the municipality, or (3) is sold by virtue of | 6 |
| legal
process in the suit of the municipality.
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| A contract for any work or other public improvement, to be | 8 |
| paid for in
whole or in part by special assessment or special | 9 |
| taxation, shall be entered
into and the
performance thereof | 10 |
| controlled by the provisions of Division 2 of
Article 9 of the | 11 |
| "Illinois Municipal Code", approved May 29, 1961, as
heretofore | 12 |
| or hereafter amended, as near as may be. However, contracts
may | 13 |
| be let for making proper and suitable connections between the | 14 |
| mains
and outlets of the respective sanitary sewers in the | 15 |
| district with any
conduit, conduits, main pipe or pipes that | 16 |
| may be constructed by such
sanitary district.
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| (Source: P.A. 95-607, eff. 9-11-07.)
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| (70 ILCS 2305/12) (from Ch. 42, par. 288)
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| Sec. 12.
The board of trustees may levy and collect other | 20 |
| taxes for
corporate
purposes upon property within the | 21 |
| territorial limits of the sanitary
district, the aggregate | 22 |
| amount of which for each year may not exceed
.083% of value, as | 23 |
| equalized or assessed by the Department of Revenue, except
that | 24 |
| if a higher rate has been established by
referendum before | 25 |
| August 2, 1965, it shall continue. If the board
desires to levy |
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| such taxes at a rate in excess of .083% but not in
excess of | 2 |
| .35% of the value of all taxable property within the district
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| as equalized or assessed by the Department of Revenue,
they | 4 |
| shall order the question to be submitted at an election to be | 5 |
| held
within the district. The certification and submission of | 6 |
| the question and
the election shall be governed by the general | 7 |
| election law. Upon the filing
of a petition signed by 10% of | 8 |
| the registered voters
of the district, the right to levy an | 9 |
| additional tax, or any portion
thereof, authorized by the legal | 10 |
| voters, may at any time after one or
more tax levies | 11 |
| thereunder, be terminated by a majority vote of the
electors of | 12 |
| the district at a referendum. The trustees of the district | 13 |
| shall
certify
the proposition to the proper election officials, | 14 |
| who shall submit
the proposition at an election in accordance | 15 |
| with the general election law.
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| In addition to the other taxes authorized by this Section, | 17 |
| the board
of trustees may levy and collect, without referendum, | 18 |
| a tax for the
purpose of paying the cost of operation of the | 19 |
| chlorination of sewage,
or other means of disinfection or | 20 |
| additional treatment as may be
required by water quality | 21 |
| standards approved or adopted by the Pollution
Control Board or | 22 |
| by the court, which tax is not subject to the rate
limitations | 23 |
| imposed by this Section but may be extended at a rate not to
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| exceed .03% of the value of all taxable property within the | 25 |
| district as
equalized or assessed by the Department of Revenue.
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| Such tax may be extended at a rate in excess of .03% but |
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LRB096 08679 RLJ 18805 b |
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| not to
exceed .05%, providing the question of levying such | 2 |
| increase has first
been submitted to the voters of such | 3 |
| district at any regular
election held in such district in | 4 |
| accordance with the general election law
and has been approved | 5 |
| by a majority of
such voters voting thereon.
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| The board shall cause the amount required to be raised by | 7 |
| taxation in
each year to be certified to the county clerk by | 8 |
| the second Tuesday in
September, as provided in Section 8-15 of | 9 |
| the Property Tax Code 157 of the General Revenue Law of
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| Illinois . All taxes so levied and certified shall be collected | 11 |
| and
enforced in the same manner and by the same officers as | 12 |
| State and county
taxes, and shall be paid over by the officers | 13 |
| collecting the same to the
treasurer of the sanitary district | 14 |
| in the manner and at the time
provided by the General Revenue | 15 |
| Law of Illinois.
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| The treasurer shall, when the moneys of the district are | 17 |
| deposited
with any bank or savings and loan association,
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| require that bank or savings and loan association
to pay the | 19 |
| same rates of interest for the moneys deposited as the bank
or | 20 |
| savings and loan association is accustomed to
pay to depositors | 21 |
| under like
circumstances, in the usual course of its business. | 22 |
| All interest so paid
shall be placed in the general funds of | 23 |
| the district, to be used as
other moneys belonging to the | 24 |
| district raised by general taxation or
sale of water.
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| No bank or savings and loan association shall receive | 26 |
| public funds as
permitted by this Section, unless it has |
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LRB096 08679 RLJ 18805 b |
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| complied with the requirements
established pursuant to Section | 2 |
| 6 of "An Act relating to certain investments
of public funds by | 3 |
| public agencies", approved July 23, 1943, as now or hereafter
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| amended.
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| In addition to the foregoing, the Board of Trustees shall | 6 |
| have all of
the powers set forth in Division 7 of Article 8 of | 7 |
| the Illinois Municipal
Code until September 10, 1986.
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| (Source: P.A. 90-655, eff. 7-30-98.)
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| (70 ILCS 2305/29) (from Ch. 42, par. 296.9)
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| Sec. 29.
The board of trustees of any sanitary district may | 11 |
| arrange to
provide for the benefit of employees and trustees of | 12 |
| the sanitary district
group life, health, accident, hospital | 13 |
| and medical insurance, or any one or
any combination of those | 14 |
| types of insurance. The board of trustees may also establish a | 15 |
| self-insurance program to provide such group life, health, | 16 |
| accident, hospital and medical coverage, or any one or any | 17 |
| combination of such coverage. The board of trustees may enact | 18 |
| an ordinance prescribing the method of operation of such an | 19 |
| insurance program. Such insurance may include
provision for | 20 |
| employees and trustees who rely on treatment by prayer or
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| spiritual means alone for healing in accordance with the tenets | 22 |
| and
practice of a well recognized religious denomination. The | 23 |
| board of trustees
may provide for payment by the sanitary | 24 |
| district of the premium or charge
for such insurance or the | 25 |
| cost of a self-insurance program .
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LRB096 08679 RLJ 18805 b |
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| The If the board of trustees does not provide for a plan | 2 |
| pursuant to which
the sanitary district pays the premium or | 3 |
| charge for any group insurance
plan, the board of trustees may | 4 |
| provide for the withholding and deducting
from the compensation | 5 |
| of such of the employees and trustees as consent
thereto the | 6 |
| premium or charge for any group life, health, accident,
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| hospital and medical insurance.
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| The board of trustees may only obtain insurance exercise | 9 |
| the powers granted in this Section
only if the kinds of group | 10 |
| insurance are obtained from an insurance company
or companies | 11 |
| authorized to do business in the State of Illinois
or such from | 12 |
| any other organization or service provider authorized to do | 13 |
| business in the State of Illinois offering similar coverage. | 14 |
| The
board of trustees may enact an ordinance prescribing the | 15 |
| method of
operation of such an insurance program .
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| (Source: P.A. 90-655, eff. 7-30-98.)
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