Full Text of HB0547 100th General Assembly
HB0547eng 100TH GENERAL ASSEMBLY |
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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 Illinois Municipal Code is amended by | 5 | | changing Sections 4-5-11 and 8-9-1 as follows:
| 6 | | (65 ILCS 5/4-5-11) (from Ch. 24, par. 4-5-11)
| 7 | | Sec. 4-5-11. Except as otherwise provided, all contracts, | 8 | | of whatever
character, pertaining to public improvement, or to | 9 | | the maintenance of
the public property of a municipality | 10 | | involving an outlay of $10,000 or
more, shall be based upon | 11 | | specifications to be approved by the council.
Any work or other | 12 | | public improvement which is not to be paid for in
whole or in | 13 | | part by special assessment or special taxation, when the
| 14 | | expense thereof will exceed $25,000 $20,000 , shall be | 15 | | constructed as follows:
| 16 | | (1) By a contract let to the lowest responsible bidder | 17 | | after
advertising for bids, in the manner prescribed by | 18 | | ordinance, except that
any such contract may be entered | 19 | | into by the proper officers without
advertising for bids, | 20 | | if authorized by a vote of 4 of the 5 council
members | 21 | | elected; or
| 22 | | (2) In the following manner, if authorized by a vote of | 23 | | 4 of the 5
council members elected: the commissioner of |
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| 1 | | public works or other
proper officers to be designated by | 2 | | ordinance, shall superintend and
cause to be carried out | 3 | | the construction of the work or other public
improvement | 4 | | and shall employ exclusively for the performance of all
| 5 | | manual labor thereon, laborers and artisans whom the city | 6 | | or village
shall pay by the day or hour, but all material | 7 | | of the value of $25,000 $20,000
and upward used in the | 8 | | construction of the work or other public
improvement, shall | 9 | | be purchased by contract let to the lowest
responsible | 10 | | bidder in the manner to be prescribed by ordinance.
| 11 | | Nothing contained in this Section shall apply to any | 12 | | contract by a
municipality with the United States of America or | 13 | | any agency thereof.
| 14 | | (Source: P.A. 94-435, eff. 8-2-05.)
| 15 | | (65 ILCS 5/8-9-1) (from Ch. 24, par. 8-9-1)
| 16 | | Sec. 8-9-1. In municipalities of less than 500,000 except
| 17 | | as otherwise provided in Articles 4 and 5 any work or other
| 18 | | public improvement which is not to be paid for in whole or in
| 19 | | part by special assessment or special taxation, when the | 20 | | expense
thereof will exceed $25,000 $20,000 , shall be | 21 | | constructed either (1)
by a contract let to the lowest | 22 | | responsible bidder after
advertising for bids, in the manner | 23 | | prescribed by ordinance,
except that any such contract may be | 24 | | entered into by the proper
officers without advertising for | 25 | | bids, if authorized by a vote
of two-thirds of all the aldermen |
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| 1 | | or trustees then holding office;
or (2) in the following | 2 | | manner, if authorized by a vote of
two-thirds of all the | 3 | | aldermen or trustees then holding office,
to-wit: the | 4 | | commissioner of public works or other proper officers
to be | 5 | | designated by ordinance, shall superintend and cause to
be | 6 | | carried out the construction of the work or other public
| 7 | | improvement and shall employ exclusively for the performance
of | 8 | | all manual labor thereon, laborers and artisans whom the
| 9 | | municipality shall pay by the day or hour; and all material
of | 10 | | the value of $25,000 $20,000 and upward used in the | 11 | | construction of
the work or other public improvement, shall be | 12 | | purchased by
contract let to the lowest responsible bidder in | 13 | | the manner
to be prescribed by ordinance. However, nothing | 14 | | contained
in this section shall apply to any contract by a | 15 | | city, village
or incorporated town with the federal government | 16 | | or any agency thereof.
| 17 | | In every city which has adopted Division 1 of Article 10,
| 18 | | every such laborer or artisan shall be certified by the civil
| 19 | | service commission to the commissioner of public works or other
| 20 | | proper officers, in accordance with the requirement of that | 21 | | division.
| 22 | | In municipalities of 500,000 or more population the letting | 23 | | of
contracts for work or other public improvements of the | 24 | | character
described in this section shall be governed by the | 25 | | provisions of
Division 10 of this Article 8.
| 26 | | (Source: P.A. 94-435, eff. 8-2-05.)
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| 1 | | Section 10. The Illinois Local Library Act is amended by | 2 | | changing Section 5-5 as follows:
| 3 | | (75 ILCS 5/5-5) (from Ch. 81, par. 5-5)
| 4 | | Sec. 5-5. When the board determines to commence the | 5 | | construction of the
building or the remodeling, repairing or | 6 | | improving of an existing library
building or the erection of an | 7 | | addition thereto, the purchase of the
necessary equipment for | 8 | | such library, or the acquisition of library
materials such as | 9 | | books, periodicals, recordings and electronic data
storage and | 10 | | retrieval facilities in connection with either the purchase or
| 11 | | construction of a new library building or the expansion of an | 12 | | existing
library building, they may then revise the plan | 13 | | therefor or adopt a new
plan and provide estimates of the costs | 14 | | thereof, and shall, when the cost
is in excess of $25,000 | 15 | | $20,000 , advertise for
bids for the construction of the | 16 | | building, or the remodeling, repairing or
improving of an | 17 | | existing library building or the erection of an addition
| 18 | | thereto, or the purchase of the necessary equipment for such | 19 | | library, or
the acquisition of library materials such as books, | 20 | | periodicals, recordings
and electronic data storage and | 21 | | retrieval facilities in connection with
either the purchase or | 22 | | construction of a new library building or the
expansion of an | 23 | | existing library building, and shall let the contract or
| 24 | | contracts for the same, when the cost is in excess of $25,000 |
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| 1 | | $20,000 , to the
lowest responsible bidder or bidders. | 2 | | The board shall not be required to accept a bid that does | 3 | | not meet the library's established specifications, terms of | 4 | | delivery, quality, and serviceability requirements. Contracts | 5 | | which, by their nature, are not adapted to award by competitive | 6 | | bidding, are not subject to competitive bidding, including, but | 7 | | not limited to: | 8 | | (1) contracts for the services of individuals | 9 | | possessing a high degree of professional skill where the | 10 | | ability or fitness of the individual plays an important | 11 | | part; | 12 | | (2) contracts for the printing of finance committee | 13 | | reports and departmental reports; | 14 | | (3) contracts for the printing or engraving of bonds, | 15 | | tax warrants and other evidences of indebtedness; | 16 | | (4) contracts for the maintenance or servicing of, or | 17 | | provision of repair parts for, equipment which are made | 18 | | with the manufacturer or authorized service agent of that | 19 | | equipment where the provision of parts, maintenance, or | 20 | | servicing can best be performed by the manufacturer or | 21 | | authorized service agent; | 22 | | (5) purchases and contracts for the use, purchase, | 23 | | delivery, movement, or installation of data processing | 24 | | equipment, software, or services and telecommunications | 25 | | and interconnect equipment, software, and services; | 26 | | (6) contracts for duplicating machines and supplies; |
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| 1 | | (7) contracts for utility services such as water, | 2 | | light, heat, telephone or telegraph; | 3 | | (8) contracts for goods or services procured from | 4 | | another governmental agency; | 5 | | (9) purchases of equipment previously owned by some | 6 | | entity other than the library itself; and | 7 | | (10) contracts for goods or services which are | 8 | | economically procurable from only one source, such as for | 9 | | the purchase of magazines, books, periodicals, pamphlets, | 10 | | and reports. | 11 | | Contracts for emergency expenditures are also exempt from | 12 | | competitive bidding when the emergency expenditure is approved | 13 | | by 3/4 of the members of the board. | 14 | | The board shall
require from such bidders security for the | 15 | | performance of the bids determined by
the board pursuant to | 16 | | law. The board may let the contract or contracts
to one or more | 17 | | bidders, as they shall determine.
| 18 | | (Source: P.A. 98-952, eff. 1-1-15 .)
| 19 | | Section 15. The Public Library District Act of 1991 is | 20 | | amended by changing Section 40-45 as follows:
| 21 | | (75 ILCS 16/40-45)
| 22 | | Sec. 40-45. Bids for construction, improvements, or | 23 | | equipment purchases.
| 24 | | (a) When the trustees determine to commence constructing |
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| 1 | | the
building, purchasing a site or a building, remodeling,
| 2 | | repairing, or improving an existing library building, erecting
| 3 | | an addition to an existing library building, or
purchasing the | 4 | | necessary equipment for the
library, they may then revise the | 5 | | plan or adopt a new plan and
provide estimates of the costs of | 6 | | the revised or new plan.
| 7 | | (b) The board shall, when the cost is in
excess of $25,000 | 8 | | $20,000 , advertise for bids for constructing the building,
| 9 | | remodeling, repairing, or improving of an existing library | 10 | | building, erecting
an addition to an existing library building, | 11 | | or purchasing the necessary
equipment for the library and shall | 12 | | let the contract or contracts for the
project, when the cost is | 13 | | in excess of $25,000 $20,000 , to the lowest responsible
bidder | 14 | | or bidders. The board shall not be required to accept a bid | 15 | | that does not meet the library's established specifications, | 16 | | terms of delivery, quality, and serviceability requirements. | 17 | | Contracts which, by their nature, are not adapted to award by | 18 | | competitive bidding, are not subject to competitive bidding, | 19 | | 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; | 24 | | (2) contracts for the printing of finance committee | 25 | | reports and departmental reports; | 26 | | (3) contracts for the printing or engraving of bonds, |
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| 1 | | tax warrants and other evidences of indebtedness; | 2 | | (4) contracts for the maintenance or servicing of, or | 3 | | provision of repair parts for, equipment which are made | 4 | | with the manufacturer or authorized service agent of that | 5 | | equipment where the provision of parts, maintenance, or | 6 | | servicing can best be performed by the manufacturer or | 7 | | authorized service agent; | 8 | | (5) purchases and contracts for the use, purchase, | 9 | | delivery, movement, or installation of data processing | 10 | | equipment, software, or services and telecommunications | 11 | | and interconnect equipment, software, and services; | 12 | | (6) contracts for duplicating machines and supplies; | 13 | | (7) contracts for utility services such as water, | 14 | | light, heat, telephone or telegraph; | 15 | | (8) contracts for goods or services procured from | 16 | | another governmental agency; | 17 | | (9) purchases of equipment previously owned by some | 18 | | entity other than the library itself; and | 19 | | (10) contracts for goods or services which are | 20 | | economically procurable from only one source, such as for | 21 | | the purchase of magazines, books, periodicals, pamphlets, | 22 | | and reports. | 23 | | Contracts for emergency expenditures are also exempt from | 24 | | competitive bidding when the emergency expenditure is approved | 25 | | by 3/4 of the members of the board. | 26 | | The board shall require from the bidders security for
the |
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| 1 | | performance of the bids determined by the board pursuant to | 2 | | law.
The trustees may let the contract or contracts to one or | 3 | | more bidders as
they determine.
| 4 | | (Source: P.A. 98-952, eff. 1-1-15 .)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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