103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2787

 

Introduced 1/17/2024, by Sen. Mary Edly-Allen

 

SYNOPSIS AS INTRODUCED:
 
75 ILCS 5/5-5  from Ch. 81, par. 5-5
75 ILCS 16/40-45

    Amends the Illinois Local Library Act and the Public Library District Act of 1991. Requires competitive bidding for contracts in excess of $35,000 (rather than $25,000) for specified improvements and equipment purchases.


LRB103 36027 AWJ 66114 b

 

 

A BILL FOR

 

SB2787LRB103 36027 AWJ 66114 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 Illinois Local Library Act is amended by
5changing Section 5-5 as follows:
 
6    (75 ILCS 5/5-5)  (from Ch. 81, par. 5-5)
7    Sec. 5-5. When the board determines to commence the
8construction of the building or the remodeling, repairing or
9improving of an existing library building or the erection of
10an addition thereto, the purchase of the necessary equipment
11for such library, or the acquisition of library materials such
12as books, periodicals, recordings and electronic data storage
13and retrieval facilities in connection with either the
14purchase or construction of a new library building or the
15expansion of an existing library building, they may then
16revise the plan therefor or adopt a new plan and provide
17estimates of the costs thereof, and shall, when the cost is in
18excess of $35,000 $25,000, advertise for bids for the
19construction of the building, or the remodeling, repairing or
20improving of an existing library building or the erection of
21an addition thereto, or the purchase of the necessary
22equipment for such library, or the acquisition of library
23materials such as books, periodicals, recordings and

 

 

SB2787- 2 -LRB103 36027 AWJ 66114 b

1electronic data storage and retrieval facilities in connection
2with either the purchase or construction of a new library
3building or the expansion of an existing library building, and
4shall let the contract or contracts for the same, when the cost
5is in excess of $35,000 $25,000, to the lowest responsible
6bidder or bidders.
7    The board shall not be required to accept a bid that does
8not meet the library's established specifications, terms of
9delivery, quality, and serviceability requirements. Contracts
10which, by their nature, are not adapted to award by
11competitive bidding, are not subject to competitive bidding,
12including, but not limited to:
13        (1) contracts for the services of individuals
14    possessing a high degree of professional skill where the
15    ability or fitness of the individual plays an important
16    part;
17        (2) contracts for the printing of finance committee
18    reports and departmental reports;
19        (3) contracts for the printing or engraving of bonds,
20    tax warrants and other evidences of indebtedness;
21        (4) contracts for the maintenance or servicing of, or
22    provision of repair parts for, equipment which are made
23    with the manufacturer or authorized service agent of that
24    equipment where the provision of parts, maintenance, or
25    servicing can best be performed by the manufacturer or
26    authorized service agent;

 

 

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1        (5) purchases and contracts for the use, purchase,
2    delivery, movement, or installation of data processing
3    equipment, software, or services and telecommunications
4    and interconnect equipment, software, and services;
5        (6) contracts for duplicating machines and supplies;
6        (7) contracts for utility services such as water,
7    light, heat, telephone or telegraph;
8        (8) contracts for goods or services procured from
9    another governmental agency;
10        (9) purchases of equipment previously owned by some
11    entity other than the library itself; and
12        (10) contracts for goods or services which are
13    economically procurable from only one source, such as for
14    the purchase of magazines, books, periodicals, pamphlets,
15    and reports.
16    Contracts for emergency expenditures are also exempt from
17competitive bidding when the emergency expenditure is approved
18by 3/4 of the members of the board.
19    The board shall require from such bidders security for the
20performance of the bids determined by the board pursuant to
21law. The board may let the contract or contracts to one or more
22bidders, as they shall determine.
23(Source: P.A. 100-338, eff. 8-25-17.)
 
24    Section 10. The Public Library District Act of 1991 is
25amended by changing Section 40-45 as follows:
 

 

 

SB2787- 4 -LRB103 36027 AWJ 66114 b

1    (75 ILCS 16/40-45)
2    Sec. 40-45. Bids for construction, improvements, or
3equipment purchases.
4    (a) When the trustees determine to commence constructing
5the building, purchasing a site or a building, remodeling,
6repairing, or improving an existing library building, erecting
7an addition to an existing library building, or purchasing the
8necessary equipment for the library, they may then revise the
9plan or adopt a new plan and provide estimates of the costs of
10the revised or new plan.
11    (b) The board shall, when the cost is in excess of $35,000
12$25,000, advertise for bids for constructing the building,
13remodeling, repairing, or improving of an existing library
14building, erecting an addition to an existing library
15building, or purchasing the necessary equipment for the
16library and shall let the contract or contracts for the
17project, when the cost is in excess of $35,000 $25,000, to the
18lowest responsible bidder or bidders. The board shall not be
19required to accept a bid that does not meet the library's
20established specifications, terms of delivery, quality, and
21serviceability requirements. Contracts which, by their nature,
22are not adapted to award by competitive bidding, are not
23subject to competitive bidding, including, but not limited to:
24        (1) contracts for the services of individuals
25    possessing a high degree of professional skill where the

 

 

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1    ability or fitness of the individual plays an important
2    part;
3        (2) contracts for the printing of finance committee
4    reports and departmental reports;
5        (3) contracts for the printing or engraving of bonds,
6    tax warrants and other evidences of indebtedness;
7        (4) contracts for the maintenance or servicing of, or
8    provision of repair parts for, equipment which are made
9    with the manufacturer or authorized service agent of that
10    equipment where the provision of parts, maintenance, or
11    servicing can best be performed by the manufacturer or
12    authorized service agent;
13        (5) purchases and contracts for the use, purchase,
14    delivery, movement, or installation of data processing
15    equipment, software, or services and telecommunications
16    and interconnect equipment, software, and services;
17        (6) contracts for duplicating machines and supplies;
18        (7) contracts for utility services such as water,
19    light, heat, telephone or telegraph;
20        (8) contracts for goods or services procured from
21    another governmental agency;
22        (9) purchases of equipment previously owned by some
23    entity other than the library itself; and
24        (10) contracts for goods or services which are
25    economically procurable from only one source, such as for
26    the purchase of magazines, books, periodicals, pamphlets,

 

 

SB2787- 6 -LRB103 36027 AWJ 66114 b

1    and reports.
2    Contracts for emergency expenditures are also exempt from
3competitive bidding when the emergency expenditure is approved
4by 3/4 of the members of the board.
5    The board shall require from the bidders security for the
6performance of the bids determined by the board pursuant to
7law. The trustees may let the contract or contracts to one or
8more bidders as they determine.
9(Source: P.A. 100-338, eff. 8-25-17.)