HB5603 104TH GENERAL ASSEMBLY

LRB104 20470 RTM 33939 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5603

Introduced 2/13/2026, by Rep. Mary Beth Canty

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 805/8.50 new

Creates the Statewide Responsible Bidder Standards Act. Provides that each local public body shall maintain, within its procurement ordinances, administrative rules, and bid documents, language requiring that any bidder on a public contract certify or provide evidence that: (1) the bidder and the bidder's proposed subcontractors are duly organized and in good standing under applicable law and authorized to do business in the State; (2) the bidder and the bidder's proposed subcontractors are properly registered with the Department of Revenue and the Department of Employment Security; (3) the bidder and the bidder's proposed subcontractors maintain workers' compensation insurance and maintains liability insurance in amounts required by the local public body; (4) the bidder and the bidder's proposed subcontractors will comply with all applicable State and federal labor and employment laws governing wages, safety, and equal opportunity; (5) the bidder and the bidder's proposed subcontractors are not currently debarred, suspended, or otherwise ineligible under any State or federal debarment list applicable to public contracts; and (6) the bidder submitted certifications and documents with the bid that are true and correct. Provides that failure to comply with the requirements of the Act shall not invalidate any contract awarded in good faith. Provides that a local public body that does not have a procurement ordinance, policy, or rule containing the minimum responsible bidder standards set forth in the Act in effect on the effective date of the Act shall adopt the required ordinance, policy, or rule within 180 days after the effective date of the Act. Provides that, if a local public body has a procurement ordinance or policy containing a responsible bidder provision in effect on the effective date of the Act, then the local public body shall be deemed in compliance with the Act and shall not be required to adopt new legislation to conform to the Act. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Statewide Responsible Bidder Standards Act.

Section 5. Purpose. The General Assembly finds that:

(1) local governments across the State award contracts for the construction, maintenance, and repair of public works and for the procurement of goods and services;

(2) consistent, objective qualifications for bidders promote public confidence, fair competition, and protection of taxpayer funds; and

(3) establishing uniform minimum standards for determining bidder responsibility will ensure a common foundation across the State while preserving local authority to adopt additional requirements appropriate to local needs.

Section 10. Definition. In this Act, "local public body" includes (i) any unit of local government, as defined in Article VII, Section 1 of the Illinois Constitution, and (ii) any school district, political subdivision, special district, or other public entity authorized by law to award public contracts.

Section 15. Minimum Responsible Bidder Standards. Except as provided in Section 25, each local public body shall maintain, within its procurement ordinances, administrative rules, and bid documents, language requiring that any bidder on a public contract certify or provide evidence that:

(1) the bidder and the bidder's proposed subcontractors are duly organized and in good standing under applicable law and authorized to do business in the State;

(2) the bidder and the bidder's proposed subcontractors are properly registered with the Department of Revenue and, if it has employees, with the Department of Employment Security, and is in compliance with all required tax and payroll obligations;

(3) the bidder and the bidder's proposed subcontractors maintain workers' compensation insurance as required by law and maintains liability insurance in amounts required by the local public body;

(4) the bidder and the bidder's proposed subcontractors will comply with all applicable State and federal labor and employment laws governing wages, safety, and equal opportunity, including, but not limited to, the Illinois Prevailing Wage Act, and can provide evidence that the bidder complies with the requirements of this paragraph upon request;

(5) the bidder and the bidder's proposed subcontractors are not currently debarred, suspended, or otherwise ineligible under any State or federal debarment list applicable to public contracts;

(6) the bidder submitted certifications and documents with the bid that are true and correct and acknowledged that any material misrepresentation may result in rejection of the bid, contract termination, or other remedies available to the local public body; and

(7) The bidder and all bidder's subcontractors must participate in applicable apprenticeship and training programs approved by and registered with the United States Department of Labor's Bureau of Apprenticeship and Training.

A local public body that does not have a procurement ordinance, policy, or rule containing the minimum responsible bidder standards set forth in this Section in effect on the effective date of this Act shall adopt the required ordinance, policy, or rule within 180 days after the effective date of this Act. Any local public body that fails to adopt and maintain such ordinance, policy, or rule in compliance with this Section shall not be eligible to receive State funds for any capital or construction project during the period of noncompliance. Failure to comply with the requirements of this Section shall not invalidate any contract awarded in good faith. However, the local public body shall take necessary action to achieve compliance with this Section as soon as practicable.

Section 20. Local authority; additional standards. A local public body is encouraged to adopt additional, objective responsible bidder criteria beyond the minimum standards in Section 15, including, but not limited to, safety programs, relevant experience, a minimum percentage of work to be self-performed by the bidder, records of past performance, or licensing or certification requirements.

Section 25. Existing ordinances. If a local public body has a procurement ordinance or policy containing a responsible bidder provision in effect on the effective date of this Act, then the local public body shall be deemed in compliance with this Act only if such ordinance or policy meets or exceeds the minimum responsible bidder standards set forth in this Act. Any ordinance, policy, or rule that does not meet or exceed the standards of this Act shall be amended as necessary to achieve compliance within 180 days after the effective date of this Act.

Section 30. Award and enforcement.

(a) Nothing in this Section alters the obligation of a local public body to award public contracts in accordance with applicable statutes or ordinances requiring award to the lowest responsible and responsive bidder.

(b) A local public body may reject any bid that fails to satisfy the standards of this Act, and may terminate a contract or pursue other remedies if a bidder materially misrepresents its qualifications.

(c) This Section does not create a private right of action against a local public body solely for its procurement decisions.

Section 35. Construction. This Act shall be construed consistently with the Illinois Procurement Code and other applicable State laws governing public contracting. Nothing in this Act shall be construed to limit or preempt any local ordinance, policy, or rule that establishes standards more stringent than the standards set forth in this Act. The requirements of this Act apply to all public construction projects regardless of the method of procurement, including, but not limited to, competitive bidding, negotiated contracts, design-build, construction manager at risk, public-private partnerships, or any other method authorized by law.

Section 40. Construction. A home rule municipality may not regulate public contracting in a manner inconsistent with this Act. This Act is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 100. The State Mandates Act is amended by adding Section 8.50 as follows:

(30 ILCS 805/8.50 new)

Sec. 8.50. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 104th General Assembly.

Section 999. Effective date. This Act takes effect upon becoming law.