Illinois General Assembly - Full Text of HB4774
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Full Text of HB4774  100th General Assembly

HB4774 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4774

 

Introduced , by Rep. Stephanie A. Kifowit

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-1022  from Ch. 34, par. 5-1022
60 ILCS 1/85-30
60 ILCS 1/205-105
65 ILCS 5/8-9-1  from Ch. 24, par. 8-9-1

    Amends the Counties Code. In provisions regarding determination of the lowest responsible bidder in purchases by a county with fewer than 2,000,000 inhabitants for services, materials, and equipment, a local company that bids within 5% to 10% of the lowest bid, if that lowest bid is made by a non-local company, is the lowest responsible bidder. Provides that if more than one local company's bid is within 5% to 10% of the lowest bid made by a non-local company, the county board shall award the contract to the lowest responsible bidder among the local company bids. Defines "local company" as 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. Amends the Township Code. Makes similar changes in provisions concerning construction contracts and contracts for services, materials, equipment, or supplies. Amends the Illinois Municipal Code. Makes similar changes in provisions concerning purchasing and public works contracts in municipalities of less than 500,000.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB4774LRB100 18254 AWJ 33457 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
55-1022 as follows:
 
6    (55 ILCS 5/5-1022)  (from Ch. 34, par. 5-1022)
7    Sec. 5-1022. Competitive bids.
8    (a) Any purchase by a county with fewer than 2,000,000
9inhabitants of services, materials, equipment or supplies in
10excess of $30,000, other than professional services, shall be
11contracted for in one of the following ways:
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
17        (2) by a contract let without advertising for bids in
18    the case of an emergency if authorized by the county board.
19    (b) In determining the lowest responsible bidder, the
20county board shall take into consideration the qualities of the
21articles supplied; their conformity with the specifications;
22their suitability to the requirements of the county,
23availability of support services; uniqueness of the service,

 

 

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1materials, equipment, or supplies as it applies to networked,
2integrated computer systems; compatibility to existing
3equipment; and the delivery terms. The county board also may
4take into consideration whether a bidder is a private
5enterprise or a State-controlled enterprise and,
6notwithstanding any other provision of this Section or a lower
7bid by a State-controlled enterprise, may let a contract to the
8lowest responsible bidder that is a private enterprise.
9    (b-5) In determining the lowest responsible bidder, a local
10company that bids within 5% to 10% of the lowest bid, if that
11lowest bid is made by a non-local company, is the lowest
12responsible bidder. If more than one local company's bid is
13within 5% to 10% of the lowest bid made by a non-local company,
14the county board shall follow subsection (b) in determining the
15lowest responsible bidder among the local company bids.
16    As used in this subsection, "local company" means a company
17or business entity located within the contracting county or any
18contiguous county in the State that has the majority of its
19regular, full-time workforce located within the contracting
20county or contiguous county.
21    (c) This Section does not apply to contracts by a county
22with the federal government or to purchases of used equipment,
23purchases at auction or similar transactions which by their
24very nature are not suitable to competitive bids, pursuant to
25an ordinance adopted by the county board.
26    (d) Notwithstanding the provisions of this Section, a

 

 

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1county may let without advertising for bids in the case of
2purchases and contracts, when individual orders do not exceed
3$35,000, for the use, purchase, delivery, movement, or
4installation of data processing equipment, software, or
5services and telecommunications and inter-connect equipment,
6software, and services.
7    (e) A county may require, as a condition of any contract
8for goods and services, that persons awarded a contract with
9the county and all affiliates of the person collect and remit
10Illinois Use Tax on all sales of tangible personal property
11into the State of Illinois in accordance with the provisions of
12the Illinois Use Tax Act regardless of whether the person or
13affiliate is a "retailer maintaining a place of business within
14this State" as defined in Section 2 of the Use Tax Act. For
15purposes of this subsection (e), the term "affiliate" means any
16entity that (1) directly, indirectly, or constructively
17controls another entity, (2) is directly, indirectly, or
18constructively controlled by another entity, or (3) is subject
19to the control of a common entity. For purposes of this
20subsection (e), an entity controls another entity if it owns,
21directly or individually, more than 10% of the voting
22securities of that entity. As used in this subsection (e), the
23term "voting security" means a security that (1) confers upon
24the holder the right to vote for the election of members of the
25board of directors or similar governing body of the business or
26(2) is convertible into, or entitles the holder to receive upon

 

 

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1its exercise, a security that confers such a right to vote. A
2general partnership interest is a voting security.
3    (f) Bids submitted to, and contracts executed by, the
4county may require a certification by the bidder or contractor
5that the bidder or contractor is not barred from bidding for or
6entering into a contract under this Section and that the bidder
7or contractor acknowledges that the county may declare the
8contract void if the certification completed pursuant to this
9subsection (f) is false.
10(Source: P.A. 95-331, eff. 8-21-07; 96-170, eff. 1-1-10.)
 
11    Section 10. The Township Code is amended by changing
12Sections 85-30 and 205-105 as follows:
 
13    (60 ILCS 1/85-30)
14    Sec. 85-30. Purchases; bids. Any purchase by a township for
15services, materials, equipment, or supplies in excess of
16$20,000 (other than professional services) shall be contracted
17for in one of the following ways:
18        (1) By a contract let to the lowest responsible bidder
19    after advertising for bids at least once (i) in a newspaper
20    published within the township, or (ii) if no newspaper is
21    published within the township, then in one published within
22    the county, or (iii) if no newspaper is published within
23    the county, then in a newspaper having general circulation
24    within the township.

 

 

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1        (2) By a contract let without advertising for bids in
2    the case of an emergency if authorized by the township
3    board.
4    If a contract is let under item (1), in determining the
5lowest responsible bidder, a local company that bids within 5%
6to 10% of the lowest bid, if that lowest bid is made by a
7non-local company, is the lowest responsible bidder. If more
8than one local company's bid is within 5% to 10% of the lowest
9bid made by a non-local company, the township board shall award
10the contract to the lowest responsible bidder among the local
11company bids. As used in this paragraph, "local company" means
12a company or business entity located within the contracting
13township or any contiguous township in the State that has the
14majority of its regular, full-time workforce located within the
15contracting township or contiguous township.
16    This Section does not apply to contracts by a township with
17the federal government.
18(Source: P.A. 94-435, eff. 8-2-05.)
 
19    (60 ILCS 1/205-105)
20    Sec. 205-105. Construction contracts; bids.
21    (a) All contracts for construction work whose estimated
22cost will exceed $20,000 shall be let to the lowest responsible
23bidder after publication of notice for bids. Notice for bids
24shall be published once in a newspaper published and having
25general circulation in the township, if there is one. If there

 

 

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1is no such newspaper, notice for bids shall be published in a
2newspaper published and having general circulation in the
3county. Notice for bids shall be published at least 10 days
4before the date set for receiving bids. Bids shall be opened
5and publicly read, and an award shall be made to the lowest
6responsible bidder within 15 days after the receipt of bids.
7    (a-5) In determining the lowest responsible bidder, a local
8company that bids within 5% to 10% of the lowest bid, if that
9lowest bid is made by a non-local company, is the lowest
10responsible bidder. If more than one local company's bid is
11within 5% to 10% of the lowest bid made by a non-local company,
12the township board shall award the contract to the lowest
13responsible bidder among the local company bids.
14    As used in this subsection, "local company" means a company
15or business entity located within the contracting township or
16any contiguous township in the State that has the majority of
17its regular, full-time workforce located within the
18contracting township or contiguous township.
19    (b) This Section shall not apply to engineering, legal, or
20other professional services, but it shall apply to the purchase
21of equipment unless the township board, by a resolution adopted
22by a three-fourths vote, determines that it is for the best
23interests of the township that advertising for bids for the
24equipment be dispensed with.
25(Source: P.A. 95-300, eff. 8-20-07.)
 

 

 

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1    Section 15. The Illinois Municipal Code is amended by
2changing Section 8-9-1 as follows:
 
3    (65 ILCS 5/8-9-1)  (from Ch. 24, par. 8-9-1)
4    Sec. 8-9-1. In municipalities of less than 500,000 except
5as otherwise provided in Articles 4 and 5 any work or other
6public improvement which is not to be paid for in whole or in
7part by special assessment or special taxation, when the
8expense thereof will exceed $25,000, shall be constructed
9either (1) by a contract let to the lowest responsible bidder
10after advertising for bids, in the manner prescribed by
11ordinance, except that any such contract may be entered into by
12the proper officers without advertising for bids, if authorized
13by a vote of two-thirds of all the aldermen or trustees then
14holding office; or (2) in the following manner, if authorized
15by a vote of two-thirds of all the aldermen or trustees then
16holding office, to-wit: the commissioner of public works or
17other proper officers to be designated by ordinance, shall
18superintend and cause to be carried out the construction of the
19work or other public improvement and shall employ exclusively
20for the performance of all manual labor thereon, laborers and
21artisans whom the municipality shall pay by the day or hour;
22and all material of the value of $25,000 and upward used in the
23construction of the work or other public improvement, shall be
24purchased by contract let to the lowest responsible bidder in
25the manner to be prescribed by ordinance. However, nothing

 

 

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1contained in this section shall apply to any contract by a
2city, village or incorporated town with the federal government
3or any agency thereof.
4    When entering into contract let to the lowest responsible
5bidder after advertising for bids under this Section, in
6determining the lowest responsible bidder, a local company that
7bids within 5% to 10% of the lowest bid, if that lowest bid is
8made by a non-local company, is the lowest responsible bidder.
9If more than one local company's bid is within 5% to 10% of the
10lowest bid made by a non-local company, the corporate
11authorities of the municipality shall award the contract to the
12lowest responsible bidder among the local company bids. As used
13in this paragraph, "local company" means a company or business
14entity located within the contracting municipality or any
15contiguous municipality in the State that has the majority of
16its regular, full-time workforce located within the
17contracting municipality or contiguous municipality.
18    In every city which has adopted Division 1 of Article 10,
19every such laborer or artisan shall be certified by the civil
20service commission to the commissioner of public works or other
21proper officers, in accordance with the requirement of that
22division.
23    In municipalities of 500,000 or more population the letting
24of contracts for work or other public improvements of the
25character described in this section shall be governed by the
26provisions of Division 10 of this Article 8.

 

 

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