State of Illinois
2021 and 2022


Introduced 1/27/2022, by Rep. William Davis


55 ILCS 5/5-1022  from Ch. 34, par. 5-1022

    Amends the Counties Code. Provides that a county may establish goals to promote minority-owned and operated businesses, women-owned and operated businesses, businesses owned and operated by persons with disabilities, and businesses located within the county.

LRB102 21435 AWJ 30551 b





HB5061LRB102 21435 AWJ 30551 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 5. The Counties Code is amended by changing
5Section 5-1022 as follows:
6    (55 ILCS 5/5-1022)  (from Ch. 34, par. 5-1022)
7    Sec. 5-1022. Competitive bids.
8    (a) Any purchase by a county with fewer than 2,000,000
9inhabitants of services, materials, equipment or supplies in
10excess of $30,000, other than professional services, shall be
11contracted for in one of the following ways:
12        (1) by a contract let to the lowest responsible bidder
13    after advertising for bids in a newspaper published within
14    the county or, if no newspaper is published within the
15    county, then a newspaper having general circulation within
16    the county; or
17        (2) by a contract let without advertising for bids in
18    the case of an emergency if authorized by the county
19    board.
20    (b) In determining the lowest responsible bidder, the
21county board shall take into consideration the qualities of
22the articles supplied; their conformity with the
23specifications; their suitability to the requirements of the



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1county, availability of support services; uniqueness of the
2service, materials, equipment, or supplies as it applies to
3networked, integrated computer systems; compatibility to
4existing equipment; and the delivery terms. The county board
5also may take into consideration whether a bidder is a private
6enterprise or a State-controlled enterprise and,
7notwithstanding any other provision of this Section or a lower
8bid by a State-controlled enterprise, may let a contract to
9the lowest responsible bidder that is a private enterprise.
10    (c) This Section does not apply to contracts by a county
11with the federal government or to purchases of used equipment,
12purchases at auction or similar transactions which by their
13very nature are not suitable to competitive bids, pursuant to
14an ordinance adopted by the county board.
15    (d) Notwithstanding the provisions of this Section, a
16county may let without advertising for bids in the case of
17purchases and contracts, when individual orders do not exceed
18$35,000, for the use, purchase, delivery, movement, or
19installation of data processing equipment, software, or
20services and telecommunications and inter-connect equipment,
21software, and services.
22    (e) A county may require, as a condition of any contract
23for goods and services, that persons awarded a contract with
24the county and all affiliates of the person collect and remit
25Illinois Use Tax on all sales of tangible personal property
26into the State of Illinois in accordance with the provisions



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1of the Illinois Use Tax Act regardless of whether the person or
2affiliate is a "retailer maintaining a place of business
3within this State" as defined in Section 2 of the Use Tax Act.
4For purposes of this subsection (e), the term "affiliate"
5means any entity that (1) directly, indirectly, or
6constructively controls another entity, (2) is directly,
7indirectly, or constructively controlled by another entity, or
8(3) is subject to the control of a common entity. For purposes
9of this subsection (e), an entity controls another entity if
10it owns, directly or individually, more than 10% of the voting
11securities of that entity. As used in this subsection (e), the
12term "voting security" means a security that (1) confers upon
13the holder the right to vote for the election of members of the
14board of directors or similar governing body of the business
15or (2) is convertible into, or entitles the holder to receive
16upon its exercise, a security that confers such a right to
17vote. A general partnership interest is a voting security.
18    (f) Bids submitted to, and contracts executed by, the
19county may require a certification by the bidder or contractor
20that the bidder or contractor is not barred from bidding for or
21entering into a contract under this Section and that the
22bidder or contractor acknowledges that the county may declare
23the contract void if the certification completed pursuant to
24this subsection (f) is false.
25    (g) A county may establish goals for the procurement of
26goods and services to promote and encourage the continuing



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1economic development of:
2        (1) minority-owned and operated businesses;
3        (2) women-owned and operated businesses;
4        (3) businesses owned and operated by persons with
5    disabilities; and
6        (4) businesses located within the county.
7(Source: P.A. 95-331, eff. 8-21-07; 96-170, eff. 1-1-10.)