Full Text of HB4440 103rd General Assembly
HB4440 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4440 Introduced 1/16/2024, by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED: | | | Amends the Counties Code. Provides that a county may establish goals to promote minority-owned and operated businesses, women-owned and operated businesses, businesses owned and operated by persons with disabilities, and businesses located within the county. |
| |
| | A BILL FOR |
| | | | HB4440 | | LRB103 34754 AWJ 64603 b |
|
| 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 Counties Code is amended by changing | 5 | | Section 5-1022 as follows: | 6 | | (55 ILCS 5/5-1022) | 7 | | (Text of Section before amendment by P.A. 103-14 ) | 8 | | Sec. 5-1022. Competitive bids. | 9 | | (a) Any purchase by a county with fewer than 2,000,000 | 10 | | inhabitants of services, materials, equipment or supplies in | 11 | | excess of $30,000, other than professional services, shall be | 12 | | contracted 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 | 17 | | the county; or | 18 | | (2) by a contract let without advertising for bids in | 19 | | the case of an emergency if authorized by the county | 20 | | board ; or . | 21 | | (3) by a contract let without advertising for bids in | 22 | | the case of the expedited replacement of a disabled, | 23 | | inoperable, or damaged patrol vehicle of the sheriff's |
| | | HB4440 | - 2 - | LRB103 34754 AWJ 64603 b |
|
| 1 | | department if authorized by the county board. | 2 | | (b) In determining the lowest responsible bidder, the | 3 | | county board shall take into consideration the qualities of | 4 | | the articles supplied; their conformity with the | 5 | | specifications; their suitability to the requirements of the | 6 | | county, availability of support services; uniqueness of the | 7 | | service, materials, equipment, or supplies as it applies to | 8 | | networked, integrated computer systems; compatibility to | 9 | | existing equipment; and the delivery terms. The county board | 10 | | also may take into consideration whether a bidder is a private | 11 | | enterprise or a State-controlled enterprise and, | 12 | | notwithstanding any other provision of this Section or a lower | 13 | | bid by a State-controlled enterprise, may let a contract to | 14 | | the lowest responsible bidder that is a private enterprise. | 15 | | (c) This Section does not apply to contracts by a county | 16 | | with the federal government or to purchases of used equipment, | 17 | | purchases at auction or similar transactions which by their | 18 | | very nature are not suitable to competitive bids, pursuant to | 19 | | an ordinance adopted by the county board. | 20 | | (d) Notwithstanding the provisions of this Section, a | 21 | | county may let without advertising for bids in the case of | 22 | | purchases and contracts, when individual orders do not exceed | 23 | | $35,000, for the use, purchase, delivery, movement, or | 24 | | installation of data processing equipment, software, or | 25 | | services and telecommunications and inter-connect equipment, | 26 | | software, and services. |
| | | HB4440 | - 3 - | LRB103 34754 AWJ 64603 b |
|
| 1 | | (e) A county may require, as a condition of any contract | 2 | | for goods and services, that persons awarded a contract with | 3 | | the county and all affiliates of the person collect and remit | 4 | | Illinois Use Tax on all sales of tangible personal property | 5 | | into the State of Illinois in accordance with the provisions | 6 | | of the Illinois Use Tax Act regardless of whether the person or | 7 | | affiliate is a "retailer maintaining a place of business | 8 | | within this State" as defined in Section 2 of the Use Tax Act. | 9 | | For purposes of this subsection (e), the term "affiliate" | 10 | | means any entity that (1) directly, indirectly, or | 11 | | constructively controls another entity, (2) is directly, | 12 | | indirectly, or constructively controlled by another entity, or | 13 | | (3) is subject to the control of a common entity. For purposes | 14 | | of this subsection (e), an entity controls another entity if | 15 | | it owns, directly or individually, more than 10% of the voting | 16 | | securities of that entity. As used in this subsection (e), the | 17 | | term "voting security" means a security that (1) confers upon | 18 | | the holder the right to vote for the election of members of the | 19 | | board of directors or similar governing body of the business | 20 | | or (2) is convertible into, or entitles the holder to receive | 21 | | upon its exercise, a security that confers such a right to | 22 | | vote. A general partnership interest is a voting security. | 23 | | (f) Bids submitted to, and contracts executed by, the | 24 | | county may require a certification by the bidder or contractor | 25 | | that the bidder or contractor is not barred from bidding for or | 26 | | entering into a contract under this Section and that the |
| | | HB4440 | - 4 - | LRB103 34754 AWJ 64603 b |
|
| 1 | | bidder or contractor acknowledges that the county may declare | 2 | | the contract void if the certification completed pursuant to | 3 | | this subsection (f) is false. | 4 | | (Source: P.A. 103-286, eff. 7-28-23; revised 9-7-23.) | 5 | | (Text of Section after amendment by P.A. 103-14 ) | 6 | | Sec. 5-1022. Competitive bids. | 7 | | (a) Any purchase by a county with fewer than 2,000,000 | 8 | | inhabitants of services, materials, equipment or supplies in | 9 | | excess of $30,000, other than professional services, shall be | 10 | | contracted for in one of the following ways: | 11 | | (1) by a contract let to the lowest responsible bidder | 12 | | after advertising for bids in a newspaper published within | 13 | | the county or, if no newspaper is published within the | 14 | | county, then a newspaper having general circulation within | 15 | | the county; or | 16 | | (2) by a contract let without advertising for bids in | 17 | | the case of an emergency if authorized by the county | 18 | | board ; or . | 19 | | (3) by a contract let without advertising for bids in | 20 | | the case of the expedited replacement of a disabled, | 21 | | inoperable, or damaged patrol vehicle of the sheriff's | 22 | | department if authorized by the county board. | 23 | | (b) In determining the lowest responsible bidder, the | 24 | | county board shall take into consideration the qualities of | 25 | | the articles supplied; their conformity with the |
| | | HB4440 | - 5 - | LRB103 34754 AWJ 64603 b |
|
| 1 | | specifications; their suitability to the requirements of the | 2 | | county; the availability of support services; the uniqueness | 3 | | of the service, materials, equipment, or supplies as it | 4 | | applies to networked, integrated computer systems; the | 5 | | compatibility to existing equipment; and the delivery terms. | 6 | | In addition, the county board may take into consideration the | 7 | | bidder's active participation in an applicable apprenticeship | 8 | | program registered with the United States Department of Labor. | 9 | | The county board also may take into consideration whether a | 10 | | bidder is a private enterprise or a State-controlled | 11 | | enterprise and, notwithstanding any other provision of this | 12 | | Section or a lower bid by a State-controlled enterprise, may | 13 | | let a contract to the lowest responsible bidder that is a | 14 | | private enterprise. | 15 | | (c) This Section does not apply to contracts by a county | 16 | | with the federal government or to purchases of used equipment, | 17 | | purchases at auction or similar transactions which by their | 18 | | very nature are not suitable to competitive bids, pursuant to | 19 | | an ordinance adopted by the county board. | 20 | | (d) Notwithstanding the provisions of this Section, a | 21 | | county may let without advertising for bids in the case of | 22 | | purchases and contracts, when individual orders do not exceed | 23 | | $35,000, for the use, purchase, delivery, movement, or | 24 | | installation of data processing equipment, software, or | 25 | | services and telecommunications and inter-connect equipment, | 26 | | software, and services. |
| | | HB4440 | - 6 - | LRB103 34754 AWJ 64603 b |
|
| 1 | | (e) A county may require, as a condition of any contract | 2 | | for goods and services, that persons awarded a contract with | 3 | | the county and all affiliates of the person collect and remit | 4 | | Illinois Use Tax on all sales of tangible personal property | 5 | | into the State of Illinois in accordance with the provisions | 6 | | of the Illinois Use Tax Act regardless of whether the person or | 7 | | affiliate is a "retailer maintaining a place of business | 8 | | within this State" as defined in Section 2 of the Use Tax Act. | 9 | | For purposes of this subsection (e), the term "affiliate" | 10 | | means any entity that (1) directly, indirectly, or | 11 | | constructively controls another entity, (2) is directly, | 12 | | indirectly, or constructively controlled by another entity, or | 13 | | (3) is subject to the control of a common entity. For purposes | 14 | | of this subsection (e), an entity controls another entity if | 15 | | it owns, directly or individually, more than 10% of the voting | 16 | | securities of that entity. As used in this subsection (e), the | 17 | | term "voting security" means a security that (1) confers upon | 18 | | the holder the right to vote for the election of members of the | 19 | | board of directors or similar governing body of the business | 20 | | or (2) is convertible into, or entitles the holder to receive | 21 | | upon its exercise, a security that confers such a right to | 22 | | vote. A general partnership interest is a voting security. | 23 | | (f) Bids submitted to, and contracts executed by, the | 24 | | county may require a certification by the bidder or contractor | 25 | | that the bidder or contractor is not barred from bidding for or | 26 | | entering into a contract under this Section and that the |
| | | HB4440 | - 7 - | LRB103 34754 AWJ 64603 b |
|
| 1 | | bidder or contractor acknowledges that the county may declare | 2 | | the contract void if the certification completed pursuant to | 3 | | this subsection (f) is false. | 4 | | (g) A county may establish goals for the procurement of | 5 | | goods and services to promote and encourage the continuing | 6 | | economic development of: | 7 | | (1) minority-owned and operated businesses; | 8 | | (2) women-owned and operated businesses; | 9 | | (3) businesses owned and operated by persons with | 10 | | disabilities; and | 11 | | (4) businesses located within the county. | 12 | | (Source: P.A. 103-14, eff. 1-1-24; 103-286, eff. 7-28-23; | 13 | | revised 9-7-23.) | 14 | | Section 95. No acceleration or delay. Where this Act makes | 15 | | changes in a statute that is represented in this Act by text | 16 | | that is not yet or no longer in effect (for example, a Section | 17 | | represented by multiple versions), the use of that text does | 18 | | not accelerate or delay the taking effect of (i) the changes | 19 | | made by this Act or (ii) provisions derived from any other | 20 | | Public Act. |
|