Full Text of SB1414 96th General Assembly
SB1414 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB1414
Introduced 2/11/2009, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED: |
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55 ILCS 5/5-1022 |
from Ch. 34, par. 5-1022 |
60 ILCS 1/85-30 |
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605 ILCS 5/6-201.7 |
from Ch. 121, par. 6-201.7 |
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Amends the Counties Code. Provides that in a county with fewer than 2,000,000 inhabitants that certain contracts in excess of $50,000 (instead of $20,000) must be let by competitive bidding. Amends the Township Code. Provides that in townships that certain contracts in excess of $50,000 (instead of $20,000) must be let by competitive bidding. Amends the Illinois Highway Code. Provides that certain contracts that are entered into by a highway commissioner of a road district that are in excess of $50,000 (instead of $20,000) must be let by competitive bidding.
Effective immediately.
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A BILL FOR
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SB1414 |
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LRB096 03591 RLJ 13618 b |
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| AN ACT concerning competitive bids.
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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 $50,000 $20,000 , other than
professional services, | 11 |
| shall be 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 the county board.
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| (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,
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| availability of support services; uniqueness of the service, |
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LRB096 03591 RLJ 13618 b |
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| 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
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| 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.
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| (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.
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| (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 |
| $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.
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| (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 |
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LRB096 03591 RLJ 13618 b |
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| 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
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| 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
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| 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.
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| (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
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| or contractor
acknowledges that the county may declare the | 22 |
| contract void if the certification
completed
pursuant to this | 23 |
| subsection (f) is false.
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| (Source: P.A. 95-331, eff. 8-21-07.)
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| Section 10. The Township Code is amended by changing |
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LRB096 03591 RLJ 13618 b |
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| Section 85-30 as follows:
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| (60 ILCS 1/85-30)
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| Sec. 85-30. Purchases; bids. Any purchase by a township
for | 4 |
| services, materials, equipment, or supplies in excess of | 5 |
| $50,000 $20,000 (other than
professional services) shall be | 6 |
| contracted for in one of the following
ways:
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| (1) By a contract let to the lowest responsible bidder | 8 |
| after advertising
for bids at least once (i) in a newspaper | 9 |
| published within the township,
or (ii) if no newspaper is | 10 |
| published within the township, then in one published
within | 11 |
| the county, or (iii) if no newspaper is published within | 12 |
| the county,
then in a newspaper having general circulation | 13 |
| within the township.
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| (2) By a contract let without advertising for bids in | 15 |
| the case of an
emergency if authorized by the township | 16 |
| board.
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| This Section does not apply to contracts by a township with | 18 |
| the federal
government.
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| (Source: P.A. 94-435, eff. 8-2-05.)
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| Section 15. The Illinois Highway Code is amended by | 21 |
| changing Section 6-201.7 as follows:
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| (605 ILCS 5/6-201.7) (from Ch. 121, par. 6-201.7)
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| Sec. 6-201.7. Construct, maintain and repair and be |
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LRB096 03591 RLJ 13618 b |
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| responsible for
the construction, maintenance and repair of | 2 |
| roads within the district,
let contracts, employ labor and | 3 |
| purchase material and machinery
therefor, subject to the | 4 |
| limitations provided in this Code.
Contracts,
labor, | 5 |
| machinery, disposal, and incidental expenses related to | 6 |
| special services
under Section 6-201.21 of this Code constitute | 7 |
| maintenance, for purposes of
this Section.
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| Except for professional services, when the cost of | 9 |
| construction,
materials, supplies, new machinery or equipment | 10 |
| exceeds
$50,000 $20,000 , the
contract for such construction, | 11 |
| materials, supplies, machinery or
equipment shall be let to
the | 12 |
| lowest responsible bidder after advertising for bids at least | 13 |
| once,
and at least 10 days prior to the time set for the | 14 |
| opening of such bids, in a
newspaper
published within the | 15 |
| township or road district, or, if no newspaper is
published | 16 |
| within the township or road district then in one published
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| within the county, or, if no newspaper is published within the | 18 |
| county
then in a newspaper having general circulation within | 19 |
| the township or
road district, but, in case of an emergency, | 20 |
| such contract may be let
without advertising for bids. For | 21 |
| purposes of this
Section "new machinery or equipment" shall be | 22 |
| defined as that which has
been previously untitled or that | 23 |
| which shows fewer than 200 hours on its
operating clock and | 24 |
| that is accompanied by a new equipment manufacturer's
warranty.
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| (Source: P.A. 93-109, eff. 7-8-03; 93-164, eff. 7-10-03; | 26 |
| 93-610, eff. 11-18-03; 94-435, eff. 8-2-05.)
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LRB096 03591 RLJ 13618 b |
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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