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Sen. Pamela J. Althoff
Filed: 3/2/2009
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| AMENDMENT TO SENATE BILL 1414
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| AMENDMENT NO. ______. Amend Senate Bill 1414 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Counties Code is amended by changing |
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| Section 5-1022 as follows:
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| (55 ILCS 5/5-1022) (from Ch. 34, par. 5-1022)
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| Sec. 5-1022. Competitive bids.
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| (a) Any purchase by a county with fewer than 2,000,000 |
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| inhabitants of
services, materials, equipment or supplies in |
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| excess of $50,000 $20,000, other than
professional services, |
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| shall be contracted for in one of the following ways:
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| (1) by a contract let to the lowest responsible bidder |
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| after advertising
for bids in a newspaper published within |
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| the county or, if no newspaper
is published within the |
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| county, then a newspaper having general circulation
within |
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| the county; or
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LRB096 03591 RLJ 22644 a |
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| (2) by a contract let without advertising for bids in |
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| the case of an
emergency if authorized by the county board.
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| (b) In determining the lowest responsible bidder, the |
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| county board shall
take into consideration the qualities of the |
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| articles supplied; their
conformity with the specifications; |
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| their suitability to the
requirements
of the county,
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| availability of support services; uniqueness of the service, |
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| materials,
equipment, or supplies as it applies to networked, |
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| integrated computer systems;
compatibility to existing |
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| equipment;
and the delivery terms. The county board also may
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| take into consideration whether a bidder is a private |
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| enterprise or a
State-controlled enterprise and, |
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| notwithstanding any other provision of
this Section or a lower |
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| bid by a State-controlled enterprise, may let a
contract to the |
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| lowest responsible bidder that is a private enterprise.
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| (c) This Section does not apply to contracts by a county |
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| with the federal
government or to purchases of used equipment, |
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| purchases at auction
or similar transactions which by their |
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| very nature are not suitable to
competitive bids, pursuant to |
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| an ordinance adopted by the county board.
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| (d) Notwithstanding the provisions of this Section, a |
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| county may let
without advertising for bids in the case of |
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| purchases and contracts, when
individual orders do not exceed |
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| $25,000, for the use, purchase, delivery,
movement, or |
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| installation of data processing equipment, software, or |
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| services
and
telecommunications and inter-connect equipment, |
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LRB096 03591 RLJ 22644 a |
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| software, and services.
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| (e) A county may require, as a condition of any contract |
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| for goods and
services,
that persons awarded a contract with |
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| the county and all affiliates of the
person
collect and
remit |
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| Illinois Use Tax on all sales of tangible personal property |
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| into the
State
of Illinois
in accordance with the provisions of |
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| the Illinois Use Tax Act regardless of
whether the
person or |
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| affiliate is a "retailer maintaining a place of business within |
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| this
State" as
defined in Section 2 of the Use Tax Act. For |
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| purposes of this subsection (e),
the term
"affiliate" means any |
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| entity that (1) directly, indirectly, or constructively
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| controls another
entity, (2) is directly, indirectly, or |
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| constructively controlled by another
entity, or (3) is
subject |
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| to the control of a common entity. For purposes of this |
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| subsection (e),
an entity
controls another entity if it owns, |
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| directly or individually, more than 10% of
the voting
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| securities of that entity. As used in this subsection (e), the |
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| term "voting
security" means a
security that (1) confers upon |
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| the holder the right to vote for the election of
members of
the |
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| board of directors or similar governing body of the business or |
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| (2) is
convertible into,
or entitles the holder to receive upon |
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| its exercise, a security that confers
such a right to
vote. A |
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| general partnership interest is a voting security.
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| (f) Bids submitted to, and contracts executed by, the |
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| county may require
a
certification by the bidder or contractor |
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| that the bidder or contractor is not
barred from
bidding for or |