Full Text of HB4774 100th General Assembly
HB4774ham002 100TH GENERAL ASSEMBLY | Rep. Stephanie A. Kifowit Filed: 4/20/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4774
| 2 | | AMENDMENT NO. ______. Amend House Bill 4774, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Counties Code is amended by changing | 6 | | Section 5-1022 as follows:
| 7 | | (55 ILCS 5/5-1022) (from Ch. 34, par. 5-1022)
| 8 | | Sec. 5-1022. Competitive bids.
| 9 | | (a) Any purchase by a county with fewer than 2,000,000 | 10 | | inhabitants of
services, materials, equipment or supplies in | 11 | | excess of $30,000, other than
professional services, shall be | 12 | | contracted for in one of the following ways:
| 13 | | (1) by a contract let to the lowest responsible bidder | 14 | | after advertising
for bids in a newspaper published within | 15 | | the county or, if no newspaper
is published within the | 16 | | county, then a newspaper having general circulation
within |
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| 1 | | the county; or
| 2 | | (2) by a contract let without advertising for bids in | 3 | | the case of an
emergency if authorized by the county board.
| 4 | | (b) In determining the lowest responsible bidder, the | 5 | | county board shall
take into consideration the qualities of the | 6 | | articles supplied; their
conformity with the specifications; | 7 | | their suitability to the
requirements
of the county,
| 8 | | availability of support services; uniqueness of the service, | 9 | | materials,
equipment, or supplies as it applies to networked, | 10 | | integrated computer systems;
compatibility to existing | 11 | | equipment;
and the delivery terms. The county board also may
| 12 | | take into consideration whether a bidder is a private | 13 | | enterprise or a
State-controlled enterprise and, | 14 | | notwithstanding any other provision of
this Section or a lower | 15 | | bid by a State-controlled enterprise, may let a
contract to the | 16 | | lowest responsible bidder that is a private enterprise.
| 17 | | (b-5) This subsection does not apply to contracts for | 18 | | construction. | 19 | | In determining the lowest responsible bidder, a local | 20 | | company that bids no more than 10% higher than the lowest bid, | 21 | | if that lowest bid is made by a non-local company, is the | 22 | | lowest responsible bidder. If more than one local company's bid | 23 | | is no more than 10% higher than the lowest bid made by a | 24 | | non-local company, the county board shall follow subsection (b) | 25 | | in determining the lowest responsible bidder among the local | 26 | | company bids. |
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| 1 | | As used in this subsection: | 2 | | "Local company" means a company or business entity located | 3 | | within the contracting county or any contiguous county in the | 4 | | State that has the majority of its regular, full-time workforce | 5 | | located within the contracting county or contiguous county. | 6 | | "Construction" includes, but is not limited to, all work on | 7 | | public works involving laborers, workers, or mechanics, | 8 | | including maintenance, repair, assembly, or disassembly work | 9 | | performed on equipment whether owned, leased, or rented. | 10 | | (c) This Section does not apply to contracts by a county | 11 | | with the federal
government or to purchases of used equipment, | 12 | | purchases at auction
or similar transactions which by their | 13 | | very nature are not suitable to
competitive bids, pursuant to | 14 | | an ordinance adopted by the county board.
| 15 | | (d) Notwithstanding the provisions of this Section, a | 16 | | county may let
without advertising for bids in the case of | 17 | | purchases and contracts, when
individual orders do not exceed | 18 | | $35,000, for the use, purchase, delivery,
movement, or | 19 | | installation of data processing equipment, software, or | 20 | | services
and
telecommunications and inter-connect equipment, | 21 | | software, and services.
| 22 | | (e) A county may require, as a condition of any contract | 23 | | for goods and
services,
that persons awarded a contract with | 24 | | the county and all affiliates of the
person
collect and
remit | 25 | | Illinois Use Tax on all sales of tangible personal property | 26 | | into the
State
of Illinois
in accordance with the provisions of |
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| 1 | | the Illinois Use Tax Act regardless of
whether the
person or | 2 | | affiliate is a "retailer maintaining a place of business within | 3 | | this
State" as
defined in Section 2 of the Use Tax Act. For | 4 | | purposes of this subsection (e),
the term
"affiliate" means any | 5 | | entity that (1) directly, indirectly, or constructively
| 6 | | controls another
entity, (2) is directly, indirectly, or | 7 | | constructively controlled by another
entity, or (3) is
subject | 8 | | to the control of a common entity. For purposes of this | 9 | | subsection (e),
an entity
controls another entity if it owns, | 10 | | directly or individually, more than 10% of
the voting
| 11 | | securities of that entity. As used in this subsection (e), the | 12 | | term "voting
security" means a
security that (1) confers upon | 13 | | the holder the right to vote for the election of
members of
the | 14 | | board of directors or similar governing body of the business or | 15 | | (2) is
convertible into,
or entitles the holder to receive upon | 16 | | its exercise, a security that confers
such a right to
vote. A | 17 | | general partnership interest is a voting security.
| 18 | | (f) Bids submitted to, and contracts executed by, the | 19 | | county may require
a
certification by the bidder or contractor | 20 | | that the bidder or contractor is not
barred from
bidding for or | 21 | | entering into a contract under this Section and that the bidder
| 22 | | or contractor
acknowledges that the county may declare the | 23 | | contract void if the certification
completed
pursuant to this | 24 | | subsection (f) is false.
| 25 | | (Source: P.A. 95-331, eff. 8-21-07; 96-170, eff. 1-1-10.)
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| 1 | | Section 10. The Township Code is amended by changing | 2 | | Sections 85-30 and 205-105 as follows:
| 3 | | (60 ILCS 1/85-30)
| 4 | | Sec. 85-30. Purchases; bids. | 5 | | (a) Any purchase by a township
for services, materials, | 6 | | equipment, or supplies in excess of $20,000 (other than
| 7 | | professional services) shall be contracted for in one of the | 8 | | following
ways:
| 9 | | (1) By a contract let to the lowest responsible bidder | 10 | | after advertising
for bids at least once (i) in a newspaper | 11 | | published within the township,
or (ii) if no newspaper is | 12 | | published within the township, then in one published
within | 13 | | the county, or (iii) if no newspaper is published within | 14 | | the county,
then in a newspaper having general circulation | 15 | | within the township.
| 16 | | (2) By a contract let without advertising for bids in | 17 | | the case of an
emergency if authorized by the township | 18 | | board.
| 19 | | (b) This subsection does not apply to contracts for | 20 | | construction. | 21 | | If a contract is let under item (1) of subsection (a), in | 22 | | determining the lowest responsible bidder, a local company that | 23 | | bids no more than 10% higher than the lowest bid, if that | 24 | | lowest bid is made by a non-local company, is the lowest | 25 | | responsible bidder. If more than one local company's bid is no |
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| 1 | | more than 10% higher than the lowest bid made by a non-local | 2 | | company, the township board shall award the contract to the | 3 | | lowest responsible bidder among the local company bids. | 4 | | As used in this subsection: | 5 | | "Local company" means a company or business entity located | 6 | | within the contracting township or the county or counties in | 7 | | which the township is located in the State that has the | 8 | | majority of its regular, full-time workforce located within the | 9 | | contracting township or the county or counties in which the | 10 | | township is located. | 11 | | "Construction" includes, but is not limited to, all work on | 12 | | public works involving laborers, workers, or mechanics, | 13 | | including maintenance, repair, assembly, or disassembly work | 14 | | performed on equipment whether owned, leased, or rented. | 15 | | (c) This Section does not apply to contracts by a township | 16 | | with the federal
government.
| 17 | | (Source: P.A. 94-435, eff. 8-2-05.)
| 18 | | (60 ILCS 1/205-105)
| 19 | | Sec. 205-105. Construction contracts; bids.
| 20 | | (a) All contracts for construction work whose estimated | 21 | | cost will exceed
$20,000 shall be let to the lowest responsible | 22 | | bidder after publication of
notice for bids. Notice for bids | 23 | | shall be published once in a newspaper
published and having | 24 | | general circulation in the township, if there is one. If
there | 25 | | is no such newspaper, notice for bids shall be published in a |
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| 1 | | newspaper
published and having general circulation in the | 2 | | county. Notice for bids shall
be published at least 10 days | 3 | | before the date set for receiving bids. Bids
shall be opened | 4 | | and publicly read, and an award shall be made to the lowest
| 5 | | responsible bidder within 15 days after the receipt of bids.
| 6 | | (a-5) This subsection does not apply to contracts for | 7 | | construction. | 8 | | In determining the lowest responsible bidder, a local | 9 | | company that bids no more than 10% higher than the lowest bid, | 10 | | if that lowest bid is made by a non-local company, is the | 11 | | lowest responsible bidder. If more than one local company's bid | 12 | | is no more than 10% higher than the lowest bid made by a | 13 | | non-local company, the township board shall award the contract | 14 | | to the lowest responsible bidder among the local company bids. | 15 | | As used in this subsection: | 16 | | "Local company" means a company or business entity located | 17 | | within the contracting township or the county or counties in | 18 | | which the township is located in the State that has the | 19 | | majority of its regular, full-time workforce located within the | 20 | | contracting township or county or counties in which the | 21 | | township is located. | 22 | | "Construction" includes, but is not limited to, all work on | 23 | | public works involving laborers, workers, or mechanics, | 24 | | including maintenance, repair, assembly, or disassembly work | 25 | | performed on equipment whether owned, leased, or rented. | 26 | | (b) This Section shall not apply to engineering, legal, or |
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| 1 | | other
professional services, but it shall apply to the purchase | 2 | | of equipment unless
the township board, by a resolution adopted | 3 | | by a three-fourths vote, determines
that it is for the best | 4 | | interests of the township that advertising for bids for
the | 5 | | equipment be dispensed with.
| 6 | | (Source: P.A. 95-300, eff. 8-20-07.)
| 7 | | Section 15. The Illinois Municipal Code is amended by | 8 | | changing Section 8-9-1 as follows:
| 9 | | (65 ILCS 5/8-9-1) (from Ch. 24, par. 8-9-1)
| 10 | | Sec. 8-9-1. (a) In municipalities of less than 500,000 | 11 | | except
as otherwise provided in Articles 4 and 5 any work or | 12 | | other
public improvement which is not to be paid for in whole | 13 | | or in
part by special assessment or special taxation, when the | 14 | | expense
thereof will exceed $25,000, shall be constructed | 15 | | either (1)
by a contract let to the lowest responsible bidder | 16 | | after
advertising for bids, in the manner prescribed by | 17 | | ordinance,
except that any such contract may be entered into by | 18 | | the proper
officers without advertising for bids, if authorized | 19 | | by a vote
of two-thirds of all the aldermen or trustees then | 20 | | holding office;
or (2) in the following manner, if authorized | 21 | | by a vote of
two-thirds of all the aldermen or trustees then | 22 | | holding office,
to-wit: the commissioner of public works or | 23 | | other proper officers
to be designated by ordinance, shall | 24 | | superintend and cause to
be carried out the construction of the |
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| 1 | | work or other public
improvement and shall employ exclusively | 2 | | for the performance
of all manual labor thereon, laborers and | 3 | | artisans whom the
municipality shall pay by the day or hour; | 4 | | and all material
of the value of $25,000 and upward used in the | 5 | | construction of
the work or other public improvement, shall be | 6 | | purchased by
contract let to the lowest responsible bidder in | 7 | | the manner
to be prescribed by ordinance. However, nothing | 8 | | contained
in this section shall apply to any contract by a | 9 | | city, village
or incorporated town with the federal government | 10 | | or any agency thereof.
| 11 | | (b) This subsection does not apply to contracts for | 12 | | construction. | 13 | | When entering into a contract let to the lowest responsible | 14 | | bidder after advertising for bids under this Section, in | 15 | | determining the lowest responsible bidder, a local company that | 16 | | bids no more than 10% higher than the lowest bid, if that | 17 | | lowest bid is made by a non-local company, is the lowest | 18 | | responsible bidder. If more than one local company's bid is no | 19 | | more than 10% higher than the lowest bid made by a non-local | 20 | | company, the corporate authorities of the municipality shall | 21 | | award the contract to the lowest responsible bidder among the | 22 | | local company bids. | 23 | | As used in this subsection: | 24 | | "Local company" means a company or business entity located | 25 | | within the contracting municipality or the county or counties | 26 | | in which the municipality is located in the State that has the |
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| 1 | | majority of its regular, full-time workforce located within the | 2 | | contracting municipality or the county or counties in which the | 3 | | municipality is located. | 4 | | "Construction" includes, but is not limited to, all work on | 5 | | public works involving laborers, workers or mechanics, | 6 | | including maintenance, repair, assembly, or disassembly work | 7 | | performed on equipment whether owned, leased, or rented. | 8 | | (c) In every city which has adopted Division 1 of Article | 9 | | 10,
every such laborer or artisan shall be certified by the | 10 | | civil
service commission to the commissioner of public works or | 11 | | other
proper officers, in accordance with the requirement of | 12 | | that division.
| 13 | | (d) In municipalities of 500,000 or more population the | 14 | | letting of
contracts for work or other public improvements of | 15 | | the character
described in this section shall be governed by | 16 | | the provisions of
Division 10 of this Article 8.
| 17 | | (Source: P.A. 100-338, eff. 8-25-17.)".
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