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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5765 Introduced 11/16/2022, by Rep. Dave Vella - Maurice A. West, II SYNOPSIS AS INTRODUCED:
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55 ILCS 5/5-1022 | from Ch. 34, par. 5-1022 |
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Amends the Counties Code. Provides that, in determining the lowest responsible bidder, a county board of a county with fewer than 2,000,000 inhabitants shall for certain procurements take into consideration, among other things, the bidder's active participation in an apprenticeship program registered with the United States Department of Labor.
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| | A BILL FOR |
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| | HB5765 | | LRB102 27999 AWJ 39798 b |
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| 1 | | AN ACT concerning local government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Counties Code is amended by changing |
| 5 | | Section 5-1022 as follows:
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| 6 | | (55 ILCS 5/5-1022) (from Ch. 34, par. 5-1022)
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| 7 | | Sec. 5-1022. Competitive bids.
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| 8 | | (a) Any purchase by a county with fewer than 2,000,000 |
| 9 | | inhabitants of
services, materials, equipment or supplies in |
| 10 | | excess of $30,000, other than
professional services, shall be |
| 11 | | contracted for in one of the following ways:
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| 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
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| 17 | | (2) by a contract let without advertising for bids in |
| 18 | | the case of an
emergency if authorized by the county |
| 19 | | board.
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| 20 | | (b) In determining the lowest responsible bidder, the |
| 21 | | county board shall
take into consideration the qualities of |
| 22 | | the articles supplied; their
conformity with the |
| 23 | | specifications; their suitability to the
requirements
of the |
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| | HB5765 | - 2 - | LRB102 27999 AWJ 39798 b |
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| 1 | | county; the ,
availability of support services; the uniqueness |
| 2 | | of the service, materials,
equipment, or supplies as it |
| 3 | | applies to networked, integrated computer systems;
the |
| 4 | | compatibility to existing equipment;
the bidder's active |
| 5 | | participation in an apprenticeship program registered with the |
| 6 | | United States Department of Labor; and the delivery terms. The |
| 7 | | county board also may
take into consideration whether a bidder |
| 8 | | is a private enterprise or a
State-controlled enterprise and, |
| 9 | | notwithstanding any other provision of
this Section or a lower |
| 10 | | bid by a State-controlled enterprise, may let a
contract to |
| 11 | | the lowest responsible bidder that is a private enterprise.
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| 12 | | (c) This Section does not apply to contracts by a county |
| 13 | | with the federal
government or to purchases of used equipment, |
| 14 | | purchases at auction
or similar transactions which by their |
| 15 | | very nature are not suitable to
competitive bids, pursuant to |
| 16 | | an ordinance adopted by the county board.
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| 17 | | (d) Notwithstanding the provisions of this Section, a |
| 18 | | county may let
without advertising for bids in the case of |
| 19 | | purchases and contracts, when
individual orders do not exceed |
| 20 | | $35,000, for the use, purchase, delivery,
movement, or |
| 21 | | installation of data processing equipment, software, or |
| 22 | | services
and
telecommunications and inter-connect equipment, |
| 23 | | software, and services.
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| 24 | | (e) A county may require, as a condition of any contract |
| 25 | | for goods and
services,
that persons awarded a contract with |
| 26 | | the county and all affiliates of the
person
collect and
remit |
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| | HB5765 | - 3 - | LRB102 27999 AWJ 39798 b |
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| 1 | | Illinois Use Tax on all sales of tangible personal property |
| 2 | | into the
State
of Illinois
in accordance with the provisions |
| 3 | | of the Illinois Use Tax Act regardless of
whether the
person or |
| 4 | | affiliate is a "retailer maintaining a place of business |
| 5 | | within this
State" as
defined in Section 2 of the Use Tax Act. |
| 6 | | For purposes of this subsection (e),
the term
"affiliate" |
| 7 | | means any entity that (1) directly, indirectly, or |
| 8 | | constructively
controls another
entity, (2) is directly, |
| 9 | | indirectly, or constructively controlled by another
entity, or |
| 10 | | (3) is
subject to the control of a common entity. For purposes |
| 11 | | of this subsection (e),
an entity
controls another entity if |
| 12 | | it owns, directly or individually, more than 10% of
the voting
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| 13 | | securities of that entity. As used in this subsection (e), the |
| 14 | | term "voting
security" means a
security that (1) confers upon |
| 15 | | the holder the right to vote for the election of
members of
the |
| 16 | | board of directors or similar governing body of the business |
| 17 | | or (2) is
convertible into,
or entitles the holder to receive |
| 18 | | upon its exercise, a security that confers
such a right to
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| 19 | | vote. A general partnership interest is a voting security.
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| 20 | | (f) Bids submitted to, and contracts executed by, the |
| 21 | | county may require
a
certification by the bidder or contractor |
| 22 | | that the bidder or contractor is not
barred from
bidding for or |
| 23 | | entering into a contract under this Section and that the |
| 24 | | bidder
or contractor
acknowledges that the county may declare |
| 25 | | the contract void if the certification
completed
pursuant to |
| 26 | | this subsection (f) is false.
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