Full Text of HB0547 100th General Assembly
HB0547ham002 100TH GENERAL ASSEMBLY | Rep. Michael J. Zalewski Filed: 2/22/2017
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| 1 | | AMENDMENT TO HOUSE BILL 547
| 2 | | AMENDMENT NO. ______. Amend House Bill 547 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Municipal Code is amended by | 5 | | changing Sections 4-5-11 and 8-9-1 as follows:
| 6 | | (65 ILCS 5/4-5-11) (from Ch. 24, par. 4-5-11)
| 7 | | Sec. 4-5-11. Except as otherwise provided, all contracts, | 8 | | of whatever
character, pertaining to public improvement, or to | 9 | | the maintenance of
the public property of a municipality | 10 | | involving an outlay of $10,000 or
more, shall be based upon | 11 | | specifications to be approved by the council.
Any work or other | 12 | | public improvement which is not to be paid for in
whole or in | 13 | | part by special assessment or special taxation, when the
| 14 | | expense thereof will exceed $25,000 $20,000 , shall be | 15 | | constructed as follows:
| 16 | | (1) By a contract let to the lowest responsible bidder |
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| 1 | | after
advertising for bids, in the manner prescribed by | 2 | | ordinance, except that
any such contract may be entered | 3 | | into by the proper officers without
advertising for bids, | 4 | | if authorized by a vote of 4 of the 5 council
members | 5 | | elected; or
| 6 | | (2) In the following manner, if authorized by a vote of | 7 | | 4 of the 5
council members elected: the commissioner of | 8 | | public works or other
proper officers to be designated by | 9 | | ordinance, shall superintend and
cause to be carried out | 10 | | the construction of the work or other public
improvement | 11 | | and shall employ exclusively for the performance of all
| 12 | | manual labor thereon, laborers and artisans whom the city | 13 | | or village
shall pay by the day or hour, but all material | 14 | | of the value of $25,000 $20,000
and upward used in the | 15 | | construction of the work or other public
improvement, shall | 16 | | be purchased by contract let to the lowest
responsible | 17 | | bidder in the manner to be prescribed by ordinance.
| 18 | | Nothing contained in this Section shall apply to any | 19 | | contract by a
municipality with the United States of America or | 20 | | any agency thereof.
| 21 | | (Source: P.A. 94-435, eff. 8-2-05.)
| 22 | | (65 ILCS 5/8-9-1) (from Ch. 24, par. 8-9-1)
| 23 | | Sec. 8-9-1. In municipalities of less than 500,000 except
| 24 | | as otherwise provided in Articles 4 and 5 any work or other
| 25 | | public improvement which is not to be paid for in whole or in
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| 1 | | part by special assessment or special taxation, when the | 2 | | expense
thereof will exceed $25,000 $20,000 , shall be | 3 | | constructed either (1)
by a contract let to the lowest | 4 | | responsible bidder after
advertising for bids, in the manner | 5 | | prescribed by ordinance,
except that any such contract may be | 6 | | entered into by the proper
officers without advertising for | 7 | | bids, if authorized by a vote
of two-thirds of all the aldermen | 8 | | or trustees then holding office;
or (2) in the following | 9 | | manner, if authorized by a vote of
two-thirds of all the | 10 | | aldermen or trustees then holding office,
to-wit: the | 11 | | commissioner of public works or other proper officers
to be | 12 | | designated by ordinance, shall superintend and cause to
be | 13 | | carried out the construction of the work or other public
| 14 | | improvement and shall employ exclusively for the performance
of | 15 | | all manual labor thereon, laborers and artisans whom the
| 16 | | municipality shall pay by the day or hour; and all material
of | 17 | | the value of $25,000 $20,000 and upward used in the | 18 | | construction of
the work or other public improvement, shall be | 19 | | purchased by
contract let to the lowest responsible bidder in | 20 | | the manner
to be prescribed by ordinance. However, nothing | 21 | | contained
in this section shall apply to any contract by a | 22 | | city, village
or incorporated town with the federal government | 23 | | or any agency thereof.
| 24 | | In every city which has adopted Division 1 of Article 10,
| 25 | | every such laborer or artisan shall be certified by the civil
| 26 | | service commission to the commissioner of public works or other
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| 1 | | proper officers, in accordance with the requirement of that | 2 | | division.
| 3 | | In municipalities of 500,000 or more population the letting | 4 | | of
contracts for work or other public improvements of the | 5 | | character
described in this section shall be governed by the | 6 | | provisions of
Division 10 of this Article 8.
| 7 | | (Source: P.A. 94-435, eff. 8-2-05.)
| 8 | | Section 10. The Illinois Local Library Act is amended by | 9 | | changing Section 5-5 as follows:
| 10 | | (75 ILCS 5/5-5) (from Ch. 81, par. 5-5)
| 11 | | Sec. 5-5. When the board determines to commence the | 12 | | construction of the
building or the remodeling, repairing or | 13 | | improving of an existing library
building or the erection of an | 14 | | addition thereto, the purchase of the
necessary equipment for | 15 | | such library, or the acquisition of library
materials such as | 16 | | books, periodicals, recordings and electronic data
storage and | 17 | | retrieval facilities in connection with either the purchase or
| 18 | | construction of a new library building or the expansion of an | 19 | | existing
library building, they may then revise the plan | 20 | | therefor or adopt a new
plan and provide estimates of the costs | 21 | | thereof, and shall, when the cost
is in excess of $25,000 | 22 | | $20,000 , advertise for
bids for the construction of the | 23 | | building, or the remodeling, repairing or
improving of an | 24 | | existing library building or the erection of an addition
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| 1 | | thereto, or the purchase of the necessary equipment for such | 2 | | library, or
the acquisition of library materials such as books, | 3 | | periodicals, recordings
and electronic data storage and | 4 | | retrieval facilities in connection with
either the purchase or | 5 | | construction of a new library building or the
expansion of an | 6 | | existing library building, and shall let the contract or
| 7 | | contracts for the same, when the cost is in excess of $25,000 | 8 | | $20,000 , to the
lowest responsible bidder or bidders. | 9 | | The board shall not be required to accept a bid that does | 10 | | not meet the library's established specifications, terms of | 11 | | delivery, quality, and serviceability requirements. Contracts | 12 | | which, by their nature, are not adapted to award by competitive | 13 | | bidding, are not subject to competitive bidding, including, but | 14 | | not limited to: | 15 | | (1) contracts for the services of individuals | 16 | | possessing a high degree of professional skill where the | 17 | | ability or fitness of the individual plays an important | 18 | | part; | 19 | | (2) contracts for the printing of finance committee | 20 | | reports and departmental reports; | 21 | | (3) contracts for the printing or engraving of bonds, | 22 | | tax warrants and other evidences of indebtedness; | 23 | | (4) contracts for the maintenance or servicing of, or | 24 | | provision of repair parts for, equipment which are made | 25 | | with the manufacturer or authorized service agent of that | 26 | | equipment where the provision of parts, maintenance, or |
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| 1 | | servicing can best be performed by the manufacturer or | 2 | | authorized service agent; | 3 | | (5) purchases and contracts for the use, purchase, | 4 | | delivery, movement, or installation of data processing | 5 | | equipment, software, or services and telecommunications | 6 | | and interconnect equipment, software, and services; | 7 | | (6) contracts for duplicating machines and supplies; | 8 | | (7) contracts for utility services such as water, | 9 | | light, heat, telephone or telegraph; | 10 | | (8) contracts for goods or services procured from | 11 | | another governmental agency; | 12 | | (9) purchases of equipment previously owned by some | 13 | | entity other than the library itself; and | 14 | | (10) contracts for goods or services which are | 15 | | economically procurable from only one source, such as for | 16 | | the purchase of magazines, books, periodicals, pamphlets, | 17 | | and reports. | 18 | | Contracts for emergency expenditures are also exempt from | 19 | | competitive bidding when the emergency expenditure is approved | 20 | | by 3/4 of the members of the board. | 21 | | The board shall
require from such bidders security for the | 22 | | performance of the bids determined by
the board pursuant to | 23 | | law. The board may let the contract or contracts
to one or more | 24 | | bidders, as they shall determine.
| 25 | | (Source: P.A. 98-952, eff. 1-1-15 .)
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| 1 | | Section 15. The Public Library District Act of 1991 is | 2 | | amended by changing Section 40-45 as follows:
| 3 | | (75 ILCS 16/40-45)
| 4 | | Sec. 40-45. Bids for construction, improvements, or | 5 | | equipment purchases.
| 6 | | (a) When the trustees determine to commence constructing | 7 | | the
building, purchasing a site or a building, remodeling,
| 8 | | repairing, or improving an existing library building, erecting
| 9 | | an addition to an existing library building, or
purchasing the | 10 | | necessary equipment for the
library, they may then revise the | 11 | | plan or adopt a new plan and
provide estimates of the costs of | 12 | | the revised or new plan.
| 13 | | (b) The board shall, when the cost is in
excess of $25,000 | 14 | | $20,000 , advertise for bids for constructing the building,
| 15 | | remodeling, repairing, or improving of an existing library | 16 | | building, erecting
an addition to an existing library building, | 17 | | or purchasing the necessary
equipment for the library and shall | 18 | | let the contract or contracts for the
project, when the cost is | 19 | | in excess of $25,000 $20,000 , to the lowest responsible
bidder | 20 | | or bidders. The board shall not be required to accept a bid | 21 | | that does not meet the library's established specifications, | 22 | | terms of delivery, quality, and serviceability requirements. | 23 | | Contracts which, by their nature, are not adapted to award by | 24 | | competitive bidding, are not subject to competitive bidding, | 25 | | including, but not limited to: |
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| 1 | | (1) contracts for the services of individuals | 2 | | possessing a high degree of professional skill where the | 3 | | ability or fitness of the individual plays an important | 4 | | part; | 5 | | (2) contracts for the printing of finance committee | 6 | | reports and departmental reports; | 7 | | (3) contracts for the printing or engraving of bonds, | 8 | | tax warrants and other evidences of indebtedness; | 9 | | (4) contracts for the maintenance or servicing of, or | 10 | | provision of repair parts for, equipment which are made | 11 | | with the manufacturer or authorized service agent of that | 12 | | equipment where the provision of parts, maintenance, or | 13 | | servicing can best be performed by the manufacturer or | 14 | | authorized service agent; | 15 | | (5) purchases and contracts for the use, purchase, | 16 | | delivery, movement, or installation of data processing | 17 | | equipment, software, or services and telecommunications | 18 | | and interconnect equipment, software, and services; | 19 | | (6) contracts for duplicating machines and supplies; | 20 | | (7) contracts for utility services such as water, | 21 | | light, heat, telephone or telegraph; | 22 | | (8) contracts for goods or services procured from | 23 | | another governmental agency; | 24 | | (9) purchases of equipment previously owned by some | 25 | | entity other than the library itself; and | 26 | | (10) contracts for goods or services which are |
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| 1 | | economically procurable from only one source, such as for | 2 | | the purchase of magazines, books, periodicals, pamphlets, | 3 | | and reports. | 4 | | Contracts for emergency expenditures are also exempt from | 5 | | competitive bidding when the emergency expenditure is approved | 6 | | by 3/4 of the members of the board. | 7 | | The board shall require from the bidders security for
the | 8 | | performance of the bids determined by the board pursuant to | 9 | | law.
The trustees may let the contract or contracts to one or | 10 | | more bidders as
they determine.
| 11 | | (Source: P.A. 98-952, eff. 1-1-15 .)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.".
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