Full Text of SB0488 94th General Assembly
SB0488 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0488
Introduced 2/16/2005, by Sen. Carole Pankau SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/8-9-1 |
from Ch. 24, par. 8-9-1 |
65 ILCS 5/8-10-3 |
from Ch. 24, par. 8-10-3 |
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Amends the Illinois Municipal Code. Provides that in municipalities of fewer than 500,000 inhabitants, any work or public improvement contract in excess of $50,000 (now, $10,000), that is not to be paid by a special tax or a special assessment, shall be let to the lowest responsible bidder. Provides that when the municipality, after a two-thirds vote of alderman or trustees to approve the ordinance, directs one of its officers to employ manual labor, laborers, and artisans for a construction or improvement project that all material used for that construction or project that has a value of $50,000 (now, $10,000) or more shall be let to the lowest responsible bidder. Provides that in municipalities of more than 500,000 inhabitants, a purchase order or a contract of any nature for labor, services, or work, or for the purchase, lease, or sale of personal property, materials, equipment, or supplies must be let for bid if the amount of the purchase order, lease, or contract exceeds $50,000 (now, $10,000).
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A BILL FOR
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SB0488 |
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LRB094 09002 AJO 39223 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Sections 8-9-1 and 8-10-3 as follows:
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| (65 ILCS 5/8-9-1) (from Ch. 24, par. 8-9-1)
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| Sec. 8-9-1. In municipalities of less than 500,000 except
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| as otherwise provided in Articles 4 and 5 any work or other
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| public improvement which is not to be paid for in whole or in
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| part by special assessment or special taxation, when the | 11 |
| expense
thereof will exceed $50,000
$10,000 , shall be | 12 |
| constructed either (1)
by a contract let to the lowest | 13 |
| responsible bidder after
advertising for bids, in the manner | 14 |
| prescribed by ordinance,
except that any such contract may be | 15 |
| entered into by the proper
officers without advertising for | 16 |
| bids, if authorized by a vote
of two-thirds of all the aldermen | 17 |
| or trustees then holding office;
or (2) in the following | 18 |
| manner, if authorized by a vote of
two-thirds of all the | 19 |
| aldermen or trustees then holding office,
to-wit: the | 20 |
| commissioner of public works or other proper officers
to be | 21 |
| designated by ordinance, shall superintend and cause to
be | 22 |
| carried out the construction of the work or other public
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| improvement and shall employ exclusively for the performance
of | 24 |
| all manual labor thereon, laborers and artisans whom the
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| municipality shall pay by the day or hour; and all material
of | 26 |
| the value of $50,000
$10,000 and upward used in the | 27 |
| construction of
the work or other public improvement, shall be | 28 |
| purchased by
contract let to the lowest responsible bidder in | 29 |
| the manner
to be prescribed by ordinance. However, nothing | 30 |
| contained
in this section shall apply to any contract by a | 31 |
| city, village
or incorporated town with the federal government | 32 |
| or any agency thereof.
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SB0488 |
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LRB094 09002 AJO 39223 b |
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| In every city which has adopted Division 1 of Article 10,
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| every such laborer or artisan shall be certified by the civil
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| service commission to the commissioner of public works or other
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| proper officers, in accordance with the requirement of that | 5 |
| division.
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| In municipalities of 500,000 or more population the letting | 7 |
| of
contracts for work or other public improvements of the | 8 |
| character
described in this section shall be governed by the | 9 |
| provisions of
Division 10 of this Article 8.
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| (Source: P.A. 86-576.)
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| (65 ILCS 5/8-10-3) (from Ch. 24, par. 8-10-3)
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| Sec. 8-10-3. (a) Except as otherwise herein provided, all | 13 |
| purchase
orders
or contracts of whatever nature, for labor, | 14 |
| services or work, the
purchase, lease, or sale of personal | 15 |
| property, materials, equipment or
supplies, involving amounts | 16 |
| in excess of $50,000
$10,000 , made by or on behalf of
any such | 17 |
| municipality, shall be let by free and open competitive bidding
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| after advertisement, to the lowest responsible bidder, or in | 19 |
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appropriate instance, to the highest responsible bidder, | 20 |
| depending upon
whether such municipality is to expend or to | 21 |
| receive money. All such
purchase orders or contracts, as | 22 |
| defined above, which shall involve
amounts of $10,000, or less, | 23 |
| shall be let in the manner described above
whenever | 24 |
| practicable, except that such purchase orders or contracts may
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| be let in the open market in a manner calculated to insure the | 26 |
| best
interests of the public, after solicitation of bids by | 27 |
| mail, telephone,
or otherwise. The provisions of this Section | 28 |
| are subject to any contrary
provision contained in "An Act | 29 |
| concerning the use of Illinois mined coal
in certain plants and | 30 |
| institutions", filed July 13, 1937, as heretofore
and hereafter | 31 |
| amended.
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| (b) The corporate authorities of a municipality may by | 33 |
| ordinance provide
that
contracts to provide goods and services | 34 |
| to the municipality contain a provision
requiring
the | 35 |
| contractor and its affiliates to collect and remit Illinois Use |
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SB0488 |
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LRB094 09002 AJO 39223 b |
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| Tax on all
sales of
tangible personal property into the State | 2 |
| of Illinois in accordance with the
provisions of
the Illinois | 3 |
| Use Tax Act, and municipal use tax on all sales of tangible
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| personal property
into the municipality in accordance with a | 5 |
| municipal ordinance authorized by
Section 8-11-6 or 8-11-1.5, | 6 |
| during the term of the contract or for some other
specified
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| period,
regardless of whether the contractor or affiliate is a | 8 |
| "retailer maintaining a
place of
business within this State" as | 9 |
| defined in Section 2 of the Use Tax Act. The
provision
may | 10 |
| state that if the requirement is not met, the contract may be | 11 |
| terminated by
the
municipality, and the contractor may be | 12 |
| subject to such other penalties or the
exercise of
such | 13 |
| remedies as may be stated in the contract or the ordinance | 14 |
| adopted under
this
Section. An ordinance adopted under this | 15 |
| Section may contain exceptions for
emergencies or other | 16 |
| circumstances when the exception is in the best interest of
the
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| public. For purposes of this Section, the term "affiliate" | 18 |
| means any entity
that (1)
directly, indirectly, or | 19 |
| constructively controls another entity, (2) is
directly, | 20 |
| indirectly, or
constructively controlled by another entity, or | 21 |
| (3) is subject to the control of
a common
entity. For purposes | 22 |
| of this subsection (b), an entity controls another entity
if it | 23 |
| owns,
directly or individually, more than 10% of the voting | 24 |
| securities of that
entity.
As used in
this subsection (b), the | 25 |
| term "voting security" means a security that (1)
confers upon | 26 |
| the
holder the right to vote for the election of members of the | 27 |
| board of directors
or similar
governing body of the business or | 28 |
| (2) is convertible into, or entitles the
holder to receive
upon | 29 |
| its exercise, a security that confers such a right to vote. A | 30 |
| general
partnership
interest is a voting security.
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| (Source: P.A. 93-25, eff. 6-20-03.)
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