Public Act 100-0338
 
HB0547 EnrolledLRB100 05531 AWJ 15544 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Illinois Municipal Code is amended  by 
changing Sections 4-5-11 and 8-9-1 as follows:
 



    (65 ILCS 5/4-5-11)  (from Ch. 24, par. 4-5-11)



    Sec. 4-5-11. Except as otherwise provided, all contracts, 
of whatever
character, pertaining to public improvement, or to 
the maintenance of
the public property of a municipality 
involving an outlay of $10,000 or
more, shall be based upon 
specifications to be approved by the council.
Any work or other 
public improvement which is not to be paid for in
whole or in 
part by special assessment or special taxation, when the

expense thereof will exceed $25,000 $20,000, shall be 
constructed as follows:

        (1) By a contract let to the lowest responsible bidder 
    after
advertising for bids, in the manner prescribed by 
    ordinance, except that
any such contract may be entered 
    into by the proper officers without
advertising for bids, 
    if authorized by a vote of 4 of the 5 council
members 
    elected; or

        (2) In the following manner, if authorized by a vote of 
    4 of the 5
council members elected: the commissioner of 
    public works or other
proper officers to be designated by 
    ordinance, shall superintend and
cause to be carried out 
    the construction of the work or other public
improvement 
    and shall employ exclusively for the performance of all

    manual labor thereon, laborers and artisans whom the city 
    or village
shall pay by the day or hour, but all material 
    of the value of $25,000 $20,000

and upward used in the 
    construction of the work or other public
improvement, shall 
    be purchased by contract let to the lowest
responsible 
    bidder in the manner to be prescribed by ordinance.

    Nothing contained in this Section shall apply to any 
contract by a
municipality with the United States of America or 
any agency thereof.

(Source: P.A. 94-435, eff. 8-2-05.)

 



    (65 ILCS 5/8-9-1)  (from Ch. 24, par. 8-9-1)



    Sec. 8-9-1. In municipalities of less than 500,000 except

as otherwise provided in Articles 4 and 5 any work or other

public improvement which is not to be paid for in whole or in

part by special assessment or special taxation, when the 
expense
thereof will exceed $25,000 $20,000, shall be 
constructed either (1)
by a contract let to the lowest 
responsible bidder after
advertising for bids, in the manner 
prescribed by ordinance,
except that any such contract may be 
entered into by the proper
officers without advertising for 
bids, if authorized by a vote
of two-thirds of all the aldermen 
or trustees then holding office;
or (2) in the following 
manner, if authorized by a vote of
two-thirds of all the 
aldermen or trustees then holding office,
to-wit:  the 
commissioner of public works or other proper officers
to be 
designated by ordinance, shall superintend and cause to
be 
carried out the construction of the work or other public

improvement and shall employ exclusively for the performance
of 
all manual labor thereon, laborers and artisans whom the

municipality shall pay by the day or hour; and all material
of 
the value of $25,000 $20,000 and upward used in the 
construction of
the work or other public improvement, shall be 
purchased by
contract let to the lowest responsible bidder in 
the manner
to be prescribed by ordinance.  However, nothing 
contained
in this section shall apply to any contract by a 
city, village
or incorporated town with the federal government 
or any agency thereof.

    In every city which has adopted Division 1 of Article 10,

every such laborer or artisan shall be certified by the civil

service commission to the commissioner of public works or other

proper officers, in accordance with the requirement of that 
division. 

    In municipalities of 500,000 or more population the letting 
of
contracts for work or other public improvements of the 
character
described in this section shall be governed by the 
provisions of
Division 10 of this Article 8.


(Source: P.A. 94-435, eff. 8-2-05.)

 
    Section 10. The Illinois Local Library Act is amended  by 
changing Section 5-5 as follows:
 


    (75 ILCS 5/5-5)  (from Ch. 81, par. 5-5)




    Sec. 5-5. When the board determines to commence the 
construction of the
building or the remodeling, repairing or 
improving of an existing library
building or the erection of an 
addition thereto, the purchase of the
necessary equipment for 
such library, or the acquisition of library
materials such as 
books, periodicals, recordings and electronic data
storage and 
retrieval facilities in connection with either the purchase or

construction of a new library building or the expansion of an 
existing
library building, they may then revise the plan 
therefor or adopt a new
plan and provide estimates of the costs 
thereof, and shall, when the cost
is in excess of $25,000 
$20,000, advertise for
bids for the construction of the 
building, or the remodeling, repairing or
improving of an 
existing library building or the erection of an addition

thereto, or the purchase of the necessary equipment for such 
library, or
the acquisition of library materials such as books, 
periodicals, recordings
and electronic data storage and 
retrieval facilities in connection with
either the purchase or 
construction of a new library building or the
expansion of an 
existing library building, and shall let the contract or

contracts for the same, when the cost is in excess of $25,000 
$20,000, to the
lowest responsible bidder or bidders. 
    The board shall not be required to accept a bid that does 
not meet the library's established specifications, terms of 
delivery, quality, and serviceability requirements. Contracts 
which, by their nature, are not adapted to award by competitive 
bidding, are not subject to competitive bidding, including, but 
not limited to:
        (1)   contracts for the services of individuals 
    possessing a high degree of professional skill where the 
    ability or fitness of the individual plays an important 
    part;
        (2)   contracts for the printing of finance committee 
    reports and departmental reports;
        (3)   contracts for the printing or engraving of bonds, 
    tax warrants and other evidences of indebtedness;
        (4)   contracts for the maintenance or servicing of, or 
    provision of repair parts for, equipment which are made 
    with the manufacturer or authorized service agent of that 
    equipment where the provision of parts, maintenance, or 
    servicing can best be performed by the manufacturer or 
    authorized service agent;
        (5)   purchases and contracts for the use, purchase, 
    delivery, movement, or installation of data processing 
    equipment, software, or services and telecommunications 
    and interconnect equipment, software, and services;
        (6)   contracts for duplicating machines and supplies;
        (7)   contracts for utility services such as water, 
    light, heat, telephone or telegraph;
        (8)   contracts for goods or services procured from 
    another governmental agency;
        (9)   purchases of equipment previously owned by some 
    entity other than the library itself; and
        (10)   contracts for goods or services which are 
    economically procurable from only one source, such as for 
    the purchase of magazines, books, periodicals, pamphlets, 
    and reports. 
    Contracts for emergency expenditures are also exempt from 
competitive bidding when the emergency expenditure is approved 
by 3/4 of the members of the board. 
    The board shall
require from such bidders security for the 
performance of the bids determined by
the board pursuant to 
law. The board may let the contract or contracts
to one or more 
bidders, as they shall determine.

(Source: P.A. 98-952, eff. 1-1-15.)

 
    Section 15. The Public Library District Act of 1991 is 
amended  by changing Section 40-45 as follows:
 


    (75 ILCS 16/40-45)




    Sec. 40-45. Bids for construction, improvements, or 
equipment purchases. 

    (a) When the trustees determine to commence constructing 
the
building, purchasing a site or a building, remodeling,

repairing, or improving an existing library building, erecting

an addition to an existing library building, or
purchasing the 
necessary equipment for the
library, they may then revise the 
plan or adopt a new plan and
provide estimates of the costs of 
the revised or new plan. 

    (b) The board shall, when the cost is in
excess of $25,000 
$20,000, advertise for bids for constructing the building,

remodeling, repairing, or improving of an existing library 
building, erecting
an addition to an existing library building, 
or purchasing the necessary
equipment for the library and shall 
let the contract or contracts for the
project, when the cost is 
in excess of $25,000 $20,000, to the lowest responsible
bidder 
or bidders.  The board shall not be required to accept a bid 
that does not meet the library's established specifications, 
terms of delivery, quality, and serviceability requirements. 
Contracts which, by their nature, are not adapted to award by 
competitive bidding, are not subject to competitive bidding, 
including, but not limited to: 
        (1)   contracts for the services of individuals 
    possessing a high degree of professional skill where the 
    ability or fitness of the individual plays an important 
    part;
        (2)   contracts for the printing of finance committee 
    reports and departmental reports;
        (3) contracts for the printing or engraving of bonds, 
    tax warrants and other evidences of indebtedness;
        (4)   contracts for the maintenance or servicing of, or 
    provision of repair parts for, equipment which are made 
    with the manufacturer or authorized service agent of that 
    equipment where the provision of parts, maintenance, or 
    servicing can best be performed by the manufacturer or 
    authorized service agent;
        (5)   purchases and contracts for the use, purchase, 
    delivery, movement, or installation of data processing 
    equipment, software, or services and telecommunications 
    and interconnect equipment, software, and services;
        (6)   contracts for duplicating machines and supplies;
        (7)   contracts for utility services such as water, 
    light, heat, telephone or telegraph;
        (8)   contracts for goods or services procured from 
    another governmental agency;
        (9)   purchases of equipment previously owned by some 
    entity other than the library itself; and
        (10)   contracts for goods or services which are 
    economically procurable from only one source, such as for 
    the purchase of magazines, books, periodicals, pamphlets, 
    and reports.
    Contracts for emergency expenditures are also exempt from 
competitive bidding when the emergency expenditure is approved 
by 3/4 of the members of the board. 
    The board shall require from the bidders security for
the 
performance of the bids determined by the board pursuant to 
law.
The trustees may let the contract or contracts to one or 
more bidders as
they determine.

(Source: P.A. 98-952, eff. 1-1-15.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law. 
  

Effective Date:  8/25/2017