Full Text of HB1252 95th General Assembly
HB1252 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1252
Introduced 2/15/2007, by Rep. Patricia Reid Lindner SYNOPSIS AS INTRODUCED: |
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55 ILCS 5/5-1022 |
from Ch. 34, par. 5-1022 |
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Amends the Counties Code. Provides that a county may enter into certain contracts without advertising for bids if authorized by a vote of two-thirds of the members of the county board (now, the county may enter into emergency contracts without advertising for bids if authorized by the county board).
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB1252 |
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LRB095 09143 HLH 29336 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Counties Code is amended by changing Section | 5 |
| 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 | 9 |
| inhabitants of
services, materials, equipment or supplies in | 10 |
| excess of $20,000, other than
professional services, shall be | 11 |
| contracted for in one of the following ways:
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| (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
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| (2) by a contract let without advertising for bids in | 18 |
| the case of an
emergency if authorized by a vote of | 19 |
| two-thirds of the members of the county board then holding | 20 |
| office .
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| (b) In determining the lowest responsible bidder, the | 22 |
| county board shall
take into consideration the qualities of the | 23 |
| articles supplied; their
conformity with the specifications; |
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HB1252 |
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LRB095 09143 HLH 29336 b |
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| their suitability to the
requirements
of the county,
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| availability of support services; uniqueness of the service, | 3 |
| materials,
equipment, or supplies as it applies to networked, | 4 |
| integrated computer systems;
compatibility to existing | 5 |
| equipment;
and the delivery terms. The county board also may
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| take into consideration whether a bidder is a private | 7 |
| enterprise or a
State-controlled enterprise and, | 8 |
| notwithstanding any other provision of
this Section or a lower | 9 |
| bid by a State-controlled enterprise, may let a
contract to the | 10 |
| lowest responsible bidder that is a private enterprise.
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| (c) This Section does not apply to contracts by a county | 12 |
| with the federal
government or to purchases of used equipment, | 13 |
| purchases at auction
or similar transactions which by their | 14 |
| very nature are not suitable to
competitive bids, pursuant to | 15 |
| an ordinance adopted by the county board.
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| (d) Notwithstanding the provisions of this Section, a | 17 |
| county may let
without advertising for bids in the case of | 18 |
| purchases and contracts, when
individual orders do not exceed | 19 |
| $25,000, for the use, purchase, delivery,
movement, or | 20 |
| installation of data processing equipment, software, or | 21 |
| services
and
telecommunications and inter-connect equipment, | 22 |
| software, and services.
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| (e) A county may require, as a condition of any contract | 24 |
| for goods and
services,
that persons awarded a contract with | 25 |
| the county and all affiliates of the
person
collect and
remit | 26 |
| Illinois Use Tax on all sales of tangible personal property |
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HB1252 |
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LRB095 09143 HLH 29336 b |
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| into the
State
of Illinois
in accordance with the provisions of | 2 |
| the Illinois Use Tax Act regardless of
whether the
person or | 3 |
| affiliate is a "retailer maintaining a place of business within | 4 |
| this
State" as
defined in Section 2 of the Use Tax Act. For | 5 |
| purposes of this subsection (e),
the term
"affiliate" means any | 6 |
| entity that (1) directly, indirectly, or constructively
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| controls another
entity, (2) is directly, indirectly, or | 8 |
| constructively controlled by another
entity, or (3) is
subject | 9 |
| to the control of a common entity. For purposes of this | 10 |
| subsection (e),
an entity
controls another entity if it owns, | 11 |
| directly or individually, more than 10% of
the voting
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| securities of that entity. As used in this subsection (e), the | 13 |
| term "voting
security" means a
security that (1) confers upon | 14 |
| the holder the right to vote for the election of
members of
the | 15 |
| board of directors or similar governing body of the business or | 16 |
| (2) is
convertible into,
or entitles the holder to receive upon | 17 |
| its exercise, a security that confers
such a right to
vote. A | 18 |
| general partnership interest is a voting security.
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| (f) Bids submitted to, and contracts executed by, the | 20 |
| county may require
a
certification by the bidder or contractor | 21 |
| that the bidder or contractor is not
barred from
bidding for or | 22 |
| entering into a contract under this Section and that the bidder
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| or contractor
acknowledges that the county may declare the | 24 |
| contract void if the certification
completed
pursuant to this | 25 |
| subsection (f) is false.
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| (Source: P.A. 93-25, eff. 6-20-03; 93-157, eff. 1-1-04; revised |
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HB1252 |
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LRB095 09143 HLH 29336 b |
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| 8-12-03.)
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| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.
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