103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4783

 

Introduced 2/6/2024, by Rep. Kimberly Du Buclet

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 2605/11.3  from Ch. 42, par. 331.3
70 ILCS 2605/11.5  from Ch. 42, par. 331.5

    Amends the Metropolitan Water Reclamation District Act. Provides that the mandatory competitive bid threshold for the District may not be less than $100,000 (rather than less than $10,000 or more than $40,000). Provides that the District's executive director shall authorize in writing specified officials or employees who may purchase in the open market without filing a requisition or estimate to purchase and without advertisement any supplies, materials, equipment or services for immediate delivery to meet bona fide operating emergencies where the amount is not in excess of $100,000 (rather than $50,000).


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A BILL FOR

 

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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 Metropolitan Water Reclamation District Act
5is amended by changing Sections 11.3 and 11.5 as follows:
 
6    (70 ILCS 2605/11.3)  (from Ch. 42, par. 331.3)
7    Sec. 11.3. Except as provided in Sections 11.4 and 11.5,
8all purchase orders or contracts involving amounts in excess
9of the mandatory competitive bid threshold and made by or on
10behalf of the sanitary district for labor, services or work,
11the purchase, lease or sale of personal property, materials,
12equipment or supplies, or the granting of any concession,
13shall be let by free and open competitive bidding after
14advertisement, to the lowest responsible bidder or to the
15highest responsible bidder, as the case may be, depending upon
16whether the sanitary district is to expend or receive money.
17    All such purchase orders or contracts which shall involve
18amounts that will not exceed the mandatory competitive bid
19threshold, shall also be let in the manner prescribed above
20whenever practicable, except that after solicitation of bids,
21such purchase orders or contracts may be let in the open
22market, in a manner calculated to insure the best interests of
23the public. The provisions of this section are subject to any

 

 

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1contrary provisions contained in "An Act concerning the use of
2Illinois mined coal in certain plants and institutions", filed
3July 13, 1937, as heretofore and hereafter amended. For
4purposes of this Section, the "mandatory competitive bid
5threshold" is a dollar amount equal to 0.1% of the total
6general fixed assets of the district as reported in the most
7recent required audit report. In no event, however, shall the
8mandatory competitive bid threshold dollar amount be less than
9$100,000 $10,000 or more than $40,000.
10    If a unit of local government performs non-emergency
11construction, alteration, repair, improvement, or maintenance
12work on the public way, the sanitary district may enter into an
13intergovernmental agreement with the unit of local government
14allowing similar construction work to be performed by the
15sanitary district on the same project, in an amount no greater
16than $100,000, to save taxpayer funds and eliminate
17duplication of government effort. The sanitary district and
18the other unit of local government shall, before work is
19performed by either unit of local government on a project,
20adopt a resolution by a majority vote of both governing bodies
21certifying work will occur at a specific location, the reasons
22why both units of local government require work to be
23performed in the same location, and the projected cost savings
24if work is performed by both units of local government on the
25same project. Officials or employees of the sanitary district
26may, if authorized by resolution, purchase in the open market

 

 

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1any supplies, materials, equipment, or services for use within
2the project in an amount no greater than $100,000 without
3advertisement or without filing a requisition or estimate. A
4full written account of each project performed by the sanitary
5district and a requisition for the materials, supplies,
6equipment, and services used by the sanitary district required
7to complete the project must be submitted by the officials or
8employees authorized to make purchases to the board of
9trustees of the sanitary district no later than 30 days after
10purchase. The full written account must be available for
11public inspection for at least one year after expenditures are
12made.
13    Notwithstanding the provisions of this Section, the
14sanitary district is expressly authorized to establish such
15procedures as it deems appropriate to comply with state or
16federal regulations as to affirmative action and the
17utilization of small and minority businesses in construction
18and procurement contracts.
19(Source: P.A. 100-882, eff. 8-14-18.)
 
20    (70 ILCS 2605/11.5)  (from Ch. 42, par. 331.5)
21    Sec. 11.5. In the event of an emergency affecting the
22public health or safety, so declared by action of the board of
23trustees, which declaration shall describe the nature of the
24injurious effect upon the public health or safety, contracts
25may be let to the extent necessary to resolve such emergency

 

 

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1without public advertisement. The declaration shall fix the
2date upon which such emergency shall terminate. The date may
3be extended or abridged by the board of trustees as in its
4judgment the circumstances require.
5    The executive director appointed in accordance with
6Section 4 of this Act shall authorize in writing and certify to
7the director of procurement and materials management those
8officials or employees of the several departments of the
9sanitary district who may purchase in the open market without
10filing a requisition or estimate therefor, and without
11advertisement, any supplies, materials, equipment or services,
12for immediate delivery to meet bona fide operating emergencies
13where the amount thereof is not in excess of $100,000 $50,000;
14provided, that the director of procurement and materials
15management shall be notified of such emergency. A full written
16account of any such emergency together with a requisition for
17the materials, supplies, equipment or services required
18therefor shall be submitted immediately by the requisitioning
19agent to the executive director and such report and
20requisition shall be submitted to the director of procurement
21and materials management and shall be open to public
22inspection for a period of at least one year subsequent to the
23date of such emergency purchase. The exercise of authority in
24respect to purchases for such bona fide operating emergencies
25shall not be dependent upon a declaration of emergency by the
26board of trustees under the first paragraph of this Section.

 

 

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1(Source: P.A. 95-923, eff. 1-1-09; 96-165, eff. 8-10-09.)