Illinois General Assembly - Full Text of HB0585
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Full Text of HB0585  96th General Assembly



HB0585 Enrolled LRB096 06140 RLJ 16222 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 Section
5 5-1022 as follows:
6     (55 ILCS 5/5-1022)  (from Ch. 34, par. 5-1022)
7     Sec. 5-1022. Competitive bids.
8     (a) Any purchase by a county with fewer than 2,000,000
9 inhabitants of services, materials, equipment or supplies in
10 excess of $30,000 $20,000, other than professional services,
11 shall be contracted for in one of the following ways:
12         (1) by a contract let to the lowest responsible bidder
13     after advertising for bids in a newspaper published within
14     the county or, if no newspaper is published within the
15     county, then a newspaper having general circulation within
16     the county; or
17         (2) by a contract let without advertising for bids in
18     the case of an emergency if authorized by the county board.
19     (b) In determining the lowest responsible bidder, the
20 county board shall take into consideration the qualities of the
21 articles supplied; their conformity with the specifications;
22 their suitability to the requirements of the county,
23 availability of support services; uniqueness of the service,



HB0585 Enrolled - 2 - LRB096 06140 RLJ 16222 b

1 materials, equipment, or supplies as it applies to networked,
2 integrated computer systems; compatibility to existing
3 equipment; and the delivery terms. The county board also may
4 take into consideration whether a bidder is a private
5 enterprise or a State-controlled enterprise and,
6 notwithstanding any other provision of this Section or a lower
7 bid by a State-controlled enterprise, may let a contract to the
8 lowest responsible bidder that is a private enterprise.
9     (c) This Section does not apply to contracts by a county
10 with the federal government or to purchases of used equipment,
11 purchases at auction or similar transactions which by their
12 very nature are not suitable to competitive bids, pursuant to
13 an ordinance adopted by the county board.
14     (d) Notwithstanding the provisions of this Section, a
15 county may let without advertising for bids in the case of
16 purchases and contracts, when individual orders do not exceed
17 $35,000 $25,000, for the use, purchase, delivery, movement, or
18 installation of data processing equipment, software, or
19 services and telecommunications and inter-connect equipment,
20 software, and services.
21     (e) A county may require, as a condition of any contract
22 for goods and services, that persons awarded a contract with
23 the county and all affiliates of the person collect and remit
24 Illinois Use Tax on all sales of tangible personal property
25 into the State of Illinois in accordance with the provisions of
26 the Illinois Use Tax Act regardless of whether the person or



HB0585 Enrolled - 3 - LRB096 06140 RLJ 16222 b

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