HB4774ham002 100TH GENERAL ASSEMBLY

Rep. Stephanie A. Kifowit

Filed: 4/20/2018

10000HB4774ham002 LRB100 18254 RJF 39143 a

AMENDMENT TO HOUSE BILL 4774

AMENDMENT NO. ______. Amend House Bill 4774, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Counties Code is amended by changing Section 5-1022 as follows:

(55 ILCS 5/5-1022) (from Ch. 34, par. 5-1022)

Sec. 5-1022. Competitive bids.

(a) Any purchase by a county with fewer than 2,000,000 inhabitants of services, materials, equipment or supplies in excess of $30,000, other than professional services, shall be contracted for in one of the following ways:

(1) by a contract let to the lowest responsible bidder after advertising for bids in a newspaper published within the county or, if no newspaper is published within the county, then a newspaper having general circulation within the county; or

(2) by a contract let without advertising for bids in the case of an emergency if authorized by the county board.

(b) In determining the lowest responsible bidder, the county board shall take into consideration the qualities of the articles supplied; their conformity with the specifications; their suitability to the requirements of the county, availability of support services; uniqueness of the service, materials, equipment, or supplies as it applies to networked, integrated computer systems; compatibility to existing equipment; and the delivery terms. The county board also may take into consideration whether a bidder is a private enterprise or a State-controlled enterprise and, notwithstanding any other provision of this Section or a lower bid by a State-controlled enterprise, may let a contract to the lowest responsible bidder that is a private enterprise.

(b-5) This subsection does not apply to contracts for construction.

In determining the lowest responsible bidder, a local company that bids no more than 10% higher than the lowest bid, if that lowest bid is made by a non-local company, is the lowest responsible bidder. If more than one local company's bid is no more than 10% higher than the lowest bid made by a non-local company, the county board shall follow subsection (b) in determining the lowest responsible bidder among the local company bids.

As used in this subsection:

"Local company" means a company or business entity located within the contracting county or any contiguous county in the State that has the majority of its regular, full-time workforce located within the contracting county or contiguous county.

"Construction" includes, but is not limited to, all work on public works involving laborers, workers, or mechanics, including maintenance, repair, assembly, or disassembly work performed on equipment whether owned, leased, or rented.

(c) This Section does not apply to contracts by a county with the federal government or to purchases of used equipment, purchases at auction or similar transactions which by their very nature are not suitable to competitive bids, pursuant to an ordinance adopted by the county board.

(d) Notwithstanding the provisions of this Section, a county may let without advertising for bids in the case of purchases and contracts, when individual orders do not exceed $35,000, for the use, purchase, delivery, movement, or installation of data processing equipment, software, or services and telecommunications and inter-connect equipment, software, and services.

(e) A county may require, as a condition of any contract for goods and services, that persons awarded a contract with the county and all affiliates of the person collect and remit Illinois Use Tax on all sales of tangible personal property into the State of Illinois in accordance with the provisions of the Illinois Use Tax Act regardless of whether the person or affiliate is a "retailer maintaining a place of business within this State" as defined in Section 2 of the Use Tax Act. For purposes of this subsection (e), the term "affiliate" means any entity that (1) directly, indirectly, or constructively controls another entity, (2) is directly, indirectly, or constructively controlled by another entity, or (3) is subject to the control of a common entity. For purposes of this subsection (e), an entity controls another entity if it owns, directly or individually, more than 10% of the voting securities of that entity. As used in this subsection (e), the term "voting security" means a security that (1) confers upon the holder the right to vote for the election of members of the board of directors or similar governing body of the business or (2) is convertible into, or entitles the holder to receive upon its exercise, a security that confers such a right to vote. A general partnership interest is a voting security.

(f) Bids submitted to, and contracts executed by, the county may require a certification by the bidder or contractor that the bidder or contractor is not barred from bidding for or entering into a contract under this Section and that the bidder or contractor acknowledges that the county may declare the contract void if the certification completed pursuant to this subsection (f) is false.

(Source: P.A. 95-331, eff. 8-21-07; 96-170, eff. 1-1-10.)

Section 10. The Township Code is amended by changing Sections 85-30 and 205-105 as follows:

(60 ILCS 1/85-30)

Sec. 85-30. Purchases; bids.

(a) Any purchase by a township for services, materials, equipment, or supplies in excess of $20,000 (other than professional services) shall be contracted for in one of the following ways:

(1) By a contract let to the lowest responsible bidder after advertising for bids at least once (i) in a newspaper published within the township, or (ii) if no newspaper is published within the township, then in one published within the county, or (iii) if no newspaper is published within the county, then in a newspaper having general circulation within the township.

(2) By a contract let without advertising for bids in the case of an emergency if authorized by the township board.

(b) This subsection does not apply to contracts for construction.

If a contract is let under item (1) of subsection (a), in determining the lowest responsible bidder, a local company that bids no more than 10% higher than the lowest bid, if that lowest bid is made by a non-local company, is the lowest responsible bidder. If more than one local company's bid is no more than 10% higher than the lowest bid made by a non-local company, the township board shall award the contract to the lowest responsible bidder among the local company bids.

As used in this subsection:

"Local company" means a company or business entity located within the contracting township or the county or counties in which the township is located in the State that has the majority of its regular, full-time workforce located within the contracting township or the county or counties in which the township is located.

"Construction" includes, but is not limited to, all work on public works involving laborers, workers, or mechanics, including maintenance, repair, assembly, or disassembly work performed on equipment whether owned, leased, or rented.

(c) This Section does not apply to contracts by a township with the federal government.

(Source: P.A. 94-435, eff. 8-2-05.)

(60 ILCS 1/205-105)

Sec. 205-105. Construction contracts; bids.

(a) All contracts for construction work whose estimated cost will exceed $20,000 shall be let to the lowest responsible bidder after publication of notice for bids. Notice for bids shall be published once in a newspaper published and having general circulation in the township, if there is one. If there is no such newspaper, notice for bids shall be published in a newspaper published and having general circulation in the county. Notice for bids shall be published at least 10 days before the date set for receiving bids. Bids shall be opened and publicly read, and an award shall be made to the lowest responsible bidder within 15 days after the receipt of bids.

(a-5) This subsection does not apply to contracts for construction.

In determining the lowest responsible bidder, a local company that bids no more than 10% higher than the lowest bid, if that lowest bid is made by a non-local company, is the lowest responsible bidder. If more than one local company's bid is no more than 10% higher than the lowest bid made by a non-local company, the township board shall award the contract to the lowest responsible bidder among the local company bids.

As used in this subsection:

"Local company" means a company or business entity located within the contracting township or the county or counties in which the township is located in the State that has the majority of its regular, full-time workforce located within the contracting township or county or counties in which the township is located.

"Construction" includes, but is not limited to, all work on public works involving laborers, workers, or mechanics, including maintenance, repair, assembly, or disassembly work performed on equipment whether owned, leased, or rented.

(b) This Section shall not apply to engineering, legal, or other professional services, but it shall apply to the purchase of equipment unless the township board, by a resolution adopted by a three-fourths vote, determines that it is for the best interests of the township that advertising for bids for the equipment be dispensed with.

(Source: P.A. 95-300, eff. 8-20-07.)

Section 15. The Illinois Municipal Code is amended by changing Section 8-9-1 as follows:

(65 ILCS 5/8-9-1) (from Ch. 24, par. 8-9-1)

Sec. 8-9-1. (a) In municipalities of less than 500,000 except as otherwise provided in Articles 4 and 5 any work or other public improvement which is not to be paid for in whole or in part by special assessment or special taxation, when the expense thereof will exceed $25,000, shall be constructed either (1) by a contract let to the lowest responsible bidder after advertising for bids, in the manner prescribed by ordinance, except that any such contract may be entered into by the proper officers without advertising for bids, if authorized by a vote of two-thirds of all the aldermen or trustees then holding office; or (2) in the following manner, if authorized by a vote of two-thirds of all the aldermen or trustees then holding office, to-wit: the commissioner of public works or other proper officers to be designated by ordinance, shall superintend and cause to be carried out the construction of the work or other public improvement and shall employ exclusively for the performance of all manual labor thereon, laborers and artisans whom the municipality shall pay by the day or hour; and all material of the value of $25,000 and upward used in the construction of the work or other public improvement, shall be purchased by contract let to the lowest responsible bidder in the manner to be prescribed by ordinance. However, nothing contained in this section shall apply to any contract by a city, village or incorporated town with the federal government or any agency thereof.

(b) This subsection does not apply to contracts for construction.

When entering into a contract let to the lowest responsible bidder after advertising for bids under this Section, in determining the lowest responsible bidder, a local company that bids no more than 10% higher than the lowest bid, if that lowest bid is made by a non-local company, is the lowest responsible bidder. If more than one local company's bid is no more than 10% higher than the lowest bid made by a non-local company, the corporate authorities of the municipality shall award the contract to the lowest responsible bidder among the local company bids.

As used in this subsection:

"Local company" means a company or business entity located within the contracting municipality or the county or counties in which the municipality is located in the State that has the majority of its regular, full-time workforce located within the contracting municipality or the county or counties in which the municipality is located.

"Construction" includes, but is not limited to, all work on public works involving laborers, workers or mechanics, including maintenance, repair, assembly, or disassembly work performed on equipment whether owned, leased, or rented.

(c) In every city which has adopted Division 1 of Article 10, every such laborer or artisan shall be certified by the civil service commission to the commissioner of public works or other proper officers, in accordance with the requirement of that division.

(d) In municipalities of 500,000 or more population the letting of contracts for work or other public improvements of the character described in this section shall be governed by the provisions of Division 10 of this Article 8.

(Source: P.A. 100-338, eff. 8-25-17.)".