HB4774ham002 100TH GENERAL ASSEMBLY

Rep. Stephanie A. Kifowit

Filed: 4/20/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4774

2    AMENDMENT NO. ______. Amend House Bill 4774, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Counties Code is amended by changing
6Section 5-1022 as follows:
 
7    (55 ILCS 5/5-1022)  (from Ch. 34, par. 5-1022)
8    Sec. 5-1022. Competitive bids.
9    (a) Any purchase by a county with fewer than 2,000,000
10inhabitants of services, materials, equipment or supplies in
11excess of $30,000, other than professional services, shall be
12contracted for in one of the following ways:
13        (1) by a contract let to the lowest responsible bidder
14    after advertising for bids in a newspaper published within
15    the county or, if no newspaper is published within the
16    county, then a newspaper having general circulation within

 

 

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1    the county; or
2        (2) by a contract let without advertising for bids in
3    the case of an emergency if authorized by the county board.
4    (b) In determining the lowest responsible bidder, the
5county board shall take into consideration the qualities of the
6articles supplied; their conformity with the specifications;
7their suitability to the requirements of the county,
8availability of support services; uniqueness of the service,
9materials, equipment, or supplies as it applies to networked,
10integrated computer systems; compatibility to existing
11equipment; and the delivery terms. The county board also may
12take into consideration whether a bidder is a private
13enterprise or a State-controlled enterprise and,
14notwithstanding any other provision of this Section or a lower
15bid by a State-controlled enterprise, may let a contract to the
16lowest responsible bidder that is a private enterprise.
17    (b-5) This subsection does not apply to contracts for
18construction.
19    In determining the lowest responsible bidder, a local
20company that bids no more than 10% higher than the lowest bid,
21if that lowest bid is made by a non-local company, is the
22lowest responsible bidder. If more than one local company's bid
23is no more than 10% higher than the lowest bid made by a
24non-local company, the county board shall follow subsection (b)
25in determining the lowest responsible bidder among the local
26company bids.

 

 

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1    As used in this subsection:
2    "Local company" means a company or business entity located
3within the contracting county or any contiguous county in the
4State that has the majority of its regular, full-time workforce
5located within the contracting county or contiguous county.
6    "Construction" includes, but is not limited to, all work on
7public works involving laborers, workers, or mechanics,
8including maintenance, repair, assembly, or disassembly work
9performed on equipment whether owned, leased, or rented.
10    (c) This Section does not apply to contracts by a county
11with the federal government or to purchases of used equipment,
12purchases at auction or similar transactions which by their
13very nature are not suitable to competitive bids, pursuant to
14an ordinance adopted by the county board.
15    (d) Notwithstanding the provisions of this Section, a
16county may let without advertising for bids in the case of
17purchases and contracts, when individual orders do not exceed
18$35,000, for the use, purchase, delivery, movement, or
19installation of data processing equipment, software, or
20services and telecommunications and inter-connect equipment,
21software, and services.
22    (e) A county may require, as a condition of any contract
23for goods and services, that persons awarded a contract with
24the county and all affiliates of the person collect and remit
25Illinois Use Tax on all sales of tangible personal property
26into the State of Illinois in accordance with the provisions of

 

 

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1the Illinois Use Tax Act regardless of whether the person or
2affiliate is a "retailer maintaining a place of business within
3this State" as defined in Section 2 of the Use Tax Act. For
4purposes of this subsection (e), the term "affiliate" means any
5entity that (1) directly, indirectly, or constructively
6controls another entity, (2) is directly, indirectly, or
7constructively controlled by another entity, or (3) is subject
8to the control of a common entity. For purposes of this
9subsection (e), an entity controls another entity if it owns,
10directly or individually, more than 10% of the voting
11securities of that entity. As used in this subsection (e), the
12term "voting security" means a security that (1) confers upon
13the holder the right to vote for the election of members of the
14board of directors or similar governing body of the business or
15(2) is convertible into, or entitles the holder to receive upon
16its exercise, a security that confers such a right to vote. A
17general partnership interest is a voting security.
18    (f) Bids submitted to, and contracts executed by, the
19county may require a certification by the bidder or contractor
20that the bidder or contractor is not barred from bidding for or
21entering into a contract under this Section and that the bidder
22or contractor acknowledges that the county may declare the
23contract void if the certification completed pursuant to this
24subsection (f) is false.
25(Source: P.A. 95-331, eff. 8-21-07; 96-170, eff. 1-1-10.)
 

 

 

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1    Section 10. The Township Code is amended by changing
2Sections 85-30 and 205-105 as follows:
 
3    (60 ILCS 1/85-30)
4    Sec. 85-30. Purchases; bids.
5    (a) Any purchase by a township for services, materials,
6equipment, or supplies in excess of $20,000 (other than
7professional services) shall be contracted for in one of the
8following ways:
9        (1) By a contract let to the lowest responsible bidder
10    after advertising for bids at least once (i) in a newspaper
11    published within the township, or (ii) if no newspaper is
12    published within the township, then in one published within
13    the county, or (iii) if no newspaper is published within
14    the county, then in a newspaper having general circulation
15    within the township.
16        (2) By a contract let without advertising for bids in
17    the case of an emergency if authorized by the township
18    board.
19    (b) This subsection does not apply to contracts for
20construction.
21    If a contract is let under item (1) of subsection (a), in
22determining the lowest responsible bidder, a local company that
23bids no more than 10% higher than the lowest bid, if that
24lowest bid is made by a non-local company, is the lowest
25responsible bidder. If more than one local company's bid is no

 

 

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1more than 10% higher than the lowest bid made by a non-local
2company, the township board shall award the contract to the
3lowest responsible bidder among the local company bids.
4    As used in this subsection:
5    "Local company" means a company or business entity located
6within the contracting township or the county or counties in
7which the township is located in the State that has the
8majority of its regular, full-time workforce located within the
9contracting township or the county or counties in which the
10township is located.
11    "Construction" includes, but is not limited to, all work on
12public works involving laborers, workers, or mechanics,
13including maintenance, repair, assembly, or disassembly work
14performed on equipment whether owned, leased, or rented.
15    (c) This Section does not apply to contracts by a township
16with the federal government.
17(Source: P.A. 94-435, eff. 8-2-05.)
 
18    (60 ILCS 1/205-105)
19    Sec. 205-105. Construction contracts; bids.
20    (a) All contracts for construction work whose estimated
21cost will exceed $20,000 shall be let to the lowest responsible
22bidder after publication of notice for bids. Notice for bids
23shall be published once in a newspaper published and having
24general circulation in the township, if there is one. If there
25is no such newspaper, notice for bids shall be published in a

 

 

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1newspaper published and having general circulation in the
2county. Notice for bids shall be published at least 10 days
3before the date set for receiving bids. Bids shall be opened
4and publicly read, and an award shall be made to the lowest
5responsible bidder within 15 days after the receipt of bids.
6    (a-5) This subsection does not apply to contracts for
7construction.
8    In determining the lowest responsible bidder, a local
9company that bids no more than 10% higher than the lowest bid,
10if that lowest bid is made by a non-local company, is the
11lowest responsible bidder. If more than one local company's bid
12is no more than 10% higher than the lowest bid made by a
13non-local company, the township board shall award the contract
14to the lowest responsible bidder among the local company bids.
15    As used in this subsection:
16    "Local company" means a company or business entity located
17within the contracting township or the county or counties in
18which the township is located in the State that has the
19majority of its regular, full-time workforce located within the
20contracting township or county or counties in which the
21township is located.
22    "Construction" includes, but is not limited to, all work on
23public works involving laborers, workers, or mechanics,
24including maintenance, repair, assembly, or disassembly work
25performed on equipment whether owned, leased, or rented.
26    (b) This Section shall not apply to engineering, legal, or

 

 

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1other professional services, but it shall apply to the purchase
2of equipment unless the township board, by a resolution adopted
3by a three-fourths vote, determines that it is for the best
4interests of the township that advertising for bids for the
5equipment be dispensed with.
6(Source: P.A. 95-300, eff. 8-20-07.)
 
7    Section 15. The Illinois Municipal Code is amended by
8changing Section 8-9-1 as follows:
 
9    (65 ILCS 5/8-9-1)  (from Ch. 24, par. 8-9-1)
10    Sec. 8-9-1. (a) In municipalities of less than 500,000
11except as otherwise provided in Articles 4 and 5 any work or
12other public improvement which is not to be paid for in whole
13or in part by special assessment or special taxation, when the
14expense thereof will exceed $25,000, shall be constructed
15either (1) by a contract let to the lowest responsible bidder
16after advertising for bids, in the manner prescribed by
17ordinance, except that any such contract may be entered into by
18the proper officers without advertising for bids, if authorized
19by a vote of two-thirds of all the aldermen or trustees then
20holding office; or (2) in the following manner, if authorized
21by a vote of two-thirds of all the aldermen or trustees then
22holding office, to-wit: the commissioner of public works or
23other proper officers to be designated by ordinance, shall
24superintend and cause to be carried out the construction of the

 

 

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1work or other public improvement and shall employ exclusively
2for the performance of all manual labor thereon, laborers and
3artisans whom the municipality shall pay by the day or hour;
4and all material of the value of $25,000 and upward used in the
5construction of the work or other public improvement, shall be
6purchased by contract let to the lowest responsible bidder in
7the manner to be prescribed by ordinance. However, nothing
8contained in this section shall apply to any contract by a
9city, village or incorporated town with the federal government
10or any agency thereof.
11    (b) This subsection does not apply to contracts for
12construction.
13    When entering into a contract let to the lowest responsible
14bidder after advertising for bids under this Section, in
15determining the lowest responsible bidder, a local company that
16bids no more than 10% higher than the lowest bid, if that
17lowest bid is made by a non-local company, is the lowest
18responsible bidder. If more than one local company's bid is no
19more than 10% higher than the lowest bid made by a non-local
20company, the corporate authorities of the municipality shall
21award the contract to the lowest responsible bidder among the
22local company bids.
23    As used in this subsection:
24    "Local company" means a company or business entity located
25within the contracting municipality or the county or counties
26in which the municipality is located in the State that has the

 

 

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1majority of its regular, full-time workforce located within the
2contracting municipality or the county or counties in which the
3municipality is located.
4    "Construction" includes, but is not limited to, all work on
5public works involving laborers, workers or mechanics,
6including maintenance, repair, assembly, or disassembly work
7performed on equipment whether owned, leased, or rented.
8    (c) In every city which has adopted Division 1 of Article
910, every such laborer or artisan shall be certified by the
10civil service commission to the commissioner of public works or
11other proper officers, in accordance with the requirement of
12that division.
13    (d) In municipalities of 500,000 or more population the
14letting of contracts for work or other public improvements of
15the character described in this section shall be governed by
16the provisions of Division 10 of this Article 8.
17(Source: P.A. 100-338, eff. 8-25-17.)".