Full Text of SB2879 103rd General Assembly
SB2879 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2879 Introduced 1/24/2024, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED: | | | Amends the Fire Protection District Act. Changes the requirement for competitive bidding for fire protection district contracts to contracts over $30,000 (currently, over $20,000). |
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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, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Fire Protection District Act is amended by | 5 | | changing Section 11k as follows: | 6 | | (70 ILCS 705/11k) | 7 | | Sec. 11k. Competitive bidding; notice requirements. | 8 | | (a) The board of trustees shall have the power to acquire | 9 | | by gift, legacy, or purchase any personal property necessary | 10 | | for its corporate purposes provided that all contracts for | 11 | | supplies, materials, or work involving an expenditure in | 12 | | excess of $30,000 $20,000 shall be let to the lowest | 13 | | responsible bidder after advertising as required under | 14 | | subsection (b) of this Section. The board is not required to | 15 | | accept a bid that does not meet the district's established | 16 | | specifications, terms of delivery, quality, and serviceability | 17 | | requirements. Contracts which, by their nature, are not | 18 | | adapted to award by competitive bidding, are not subject to | 19 | | competitive bidding, including, but not limited to: | 20 | | (1) contracts for the services of individuals | 21 | | possessing a high degree of professional skill where the | 22 | | ability or fitness of the individual plays an important | 23 | | part; |
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| 1 | | (2) contracts for the printing of finance committee | 2 | | reports and departmental reports; | 3 | | (3) contracts for the printing or engraving of bonds, | 4 | | tax warrants, and other evidences of indebtedness; | 5 | | (4) contracts for the maintenance or servicing of, or | 6 | | provision of repair parts for, equipment which are made | 7 | | with the manufacturer or authorized service agent of that | 8 | | equipment where the provision of parts, maintenance, or | 9 | | servicing can best be performed by the manufacturer or | 10 | | authorized service agent, or which involve proprietary | 11 | | parts or technology not otherwise available; | 12 | | (5) purchases and contracts for the use, purchase, | 13 | | delivery, movement, or installation of data processing | 14 | | equipment, software, or services and telecommunications | 15 | | and interconnect equipment, software, and services; | 16 | | (6) contracts for duplicating machines and supplies; | 17 | | (7) contracts for utility services such as water, | 18 | | light, heat, telephone or telegraph; | 19 | | (8) contracts for goods or services procured from | 20 | | another governmental agency; | 21 | | (9) purchases of equipment previously owned by some | 22 | | entity other than the district itself; and | 23 | | (10) contracts for goods or services which are | 24 | | economically procurable from only one source, such as for | 25 | | the purchase of magazines, books, periodicals, pamphlets, | 26 | | reports, and online subscriptions. |
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| 1 | | Contracts for emergency expenditures are also exempt from | 2 | | competitive bidding when the emergency expenditure is approved | 3 | | by a vote of 3/4 of the members of the board. | 4 | | (b) Except as otherwise provided in subsection (a) of this | 5 | | Section, all proposals to award contracts involving amounts in | 6 | | excess of $30,000 $20,000 shall be published at least 10 days, | 7 | | excluding Sundays and legal holidays, in advance of the date | 8 | | announced for the receiving of bids, in a secular English | 9 | | language newspaper of general circulation throughout the | 10 | | district. In addition, a fire protection district that has a | 11 | | website that the full-time staff of the district maintains | 12 | | shall post notice on its website of all proposals to award | 13 | | contracts in excess of $30,000 $20,000 . Advertisements for | 14 | | bids shall describe the character of the proposed contract or | 15 | | agreement in sufficient detail to enable the bidders thereon | 16 | | to know what their obligations will be, either in the | 17 | | advertisement itself, or by reference to detailed plans and | 18 | | specifications on file at the time of the publication of the | 19 | | first announcement. Such advertisement shall also state the | 20 | | date, time and place assigned for the opening of bids, and no | 21 | | bids shall be received at any time subsequent to the time | 22 | | indicated in the announcement. All competitive bids for | 23 | | contracts involving an expenditure in excess of $30,000 | 24 | | $20,000 must be sealed by the bidder and must be opened by a | 25 | | member of the board or an employee of the district at a public | 26 | | bid opening at which the contents of the bids must be |
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| 1 | | announced. Each bidder must receive at least 3 days' notice of | 2 | | the time and place of the bid opening. | 3 | | (c) In addition to contracts entered into under the | 4 | | Governmental Joint Purchasing Act, a board of trustees may | 5 | | enter into contracts for supplies, materials, or work | 6 | | involving an expenditure in excess of $30,000 $20,000 through | 7 | | participation in a joint governmental or nongovernmental | 8 | | purchasing program that requires as part of its selection | 9 | | procedure a competitive solicitation and procurement process. | 10 | | (d) Subject to the exceptions under subsections (a) and | 11 | | (c), any procurement by a board of trustees involving the | 12 | | acquisition, by direct or beneficial ownership, of | 13 | | improvements to real estate by a fire protection district | 14 | | which results in an expenditure of district funds in excess of | 15 | | $30,000 $20,000 must be competitively bid in accordance with | 16 | | the procedures of subsection (b). | 17 | | (Source: P.A. 101-41, eff. 7-12-19; 101-139, eff. 7-26-19; | 18 | | 102-138, eff. 1-1-22; 102-558, eff 8-20-21 .) |
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