100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3209

 

Introduced , by Rep. Jerry Costello, II

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 220/4.5

    Creates the Competitive Bidding of Local Roads, Streets, and Bridges Act. Provides that no unit of local government may make any contract, intergovernmental agreement, or any other type of agreement with another unit of local government for the maintenance or construction of local roads, streets, and bridges that would have the effect of avoiding competitive bidding required by statute. Limits applicability of the Act under specified circumstances. Limits home rule powers.


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FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3209LRB100 06951 AWJ 17002 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Competitive Bidding of Local Roads, Streets, and Bridges Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Bridge" includes any bridge located on any local road or
8street.
9    "Construction" has the meaning given to that term in
10Section 2-210 of the Illinois Highway Code.
11    "Local road" and "street" encompass the meanings of all
12variations of highway, road, and street as those terms are
13defined in Division 2 of the Illinois Highway Code.
14    "Maintain" and "maintenance" have the meaning given to
15those terms in Section 2-214 of the Illinois Highway Code.
 
16    Section 10. Purpose. In the interest of promoting
17businesses and workers and creating businesses and jobs to
18support the citizens of this State, it is the public policy of
19this State to promote competitive bidding in the maintenance
20and construction of local roads, streets, and bridge projects.
 
21    Section 15. Competitive bidding in the maintenance and

 

 

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1construction of local roads, streets, and bridge projects. No
2unit of local government may make any contract,
3intergovernmental agreement, or any other type of agreement
4with another unit of local government for the maintenance or
5construction of local roads, streets, and bridges that would
6have the effect of avoiding competitive bidding required by
7statute. This Section includes all maintenance and
8construction performed on local roads, streets, and bridges,
9including, but not limited to, the use of bituminous materials,
10seal coat aggregates, or other road materials.
 
11    Section 20. Limitations. Nothing in this Section shall
12prohibit a unit of local government from:
13        (1) maintaining and constructing local roads, streets,
14    and bridges within their respective jurisdiction utilizing
15    their respective workers and resources;
16        (2) contracting, or entering into any other type of
17    agreement, with a federal agency, State agency, or other
18    unit of local government to jointly engage in competitive
19    bidding for maintenance and construction of local roads,
20    streets, and bridge projects; and
21        (3) entering into any federally funded maintenance or
22    construction contract or any other agreement with another
23    unit of local government if the application of this Act
24    would jeopardize the receipt or use of federal funds in
25    support of such a project.
 

 

 

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1    Section 25. Home rule. A home rule unit may not enact an
2ordinance or rule or enter into contract or any agreement with
3another unit of local government for the maintenance or
4construction of local roads, streets, and bridges which would
5have the effect of avoiding competitive bidding required by
6statute. This Section is a limitation under subsection (i) of
7Section 6 of Article VII of the Illinois Constitution on the
8concurrent exercise by home rule units of powers and functions
9exercised by the State.
 
10    Section 30. The Intergovernmental Cooperation Act is
11amended by changing Section 4.5 as follows:
 
12    (5 ILCS 220/4.5)
13    Sec. 4.5. Prohibited agreements and contracts.
14    (a) No intergovernmental or interagency agreement or
15contract may be entered into, implemented, or given effect if
16the agreement's or contract's intent or effect is (i) to
17circumvent any limitation established by law on State
18appropriation or State expenditure authority with respect to
19health care and employee benefits contracts or (ii) to expend
20State moneys in a manner inconsistent with the purpose for
21which they were appropriated with respect to health care and
22employee benefits contracts.
23    (b) No intergovernmental or interagency agreement or

 

 

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1contract may be entered into in violation of the Competitive
2Bidding of Local Roads, Streets, and Bridges Act. Furthermore,
3any intergovernmental or interagency agreement or contract
4entered into after the effective date of this amendatory Act of
5the 100th General Assembly that is in violation of the
6Competitive Bidding of Local Roads, Streets, and Bridges Act
7may not be implemented or given effect.
8(Source: P.A. 93-839, eff. 7-30-04.)