Full Text of SB3478 101st General Assembly
SB3478 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3478 Introduced 2/14/2020, by Sen. Chuck Weaver SYNOPSIS AS INTRODUCED: |
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Amends the Fire Protection District Act. Provides that any procurement by a board of trustees involving the acquisition, by direct or beneficial ownership, of improvements to real estate by a fire protection district which results in an expenditure of district funds in excess of $20,000 must be competitively bid.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 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 Fire Protection District Act is amended by | 5 | | changing Section 11k as follows: | 6 | | (70 ILCS 705/11k) | 7 | | Sec. 11k. Competitive bidding; notice requirements. | 8 | | (a) The board of trustees shall have the power to acquire | 9 | | by gift, legacy, or purchase any personal property necessary | 10 | | for its corporate purposes provided that all contracts for | 11 | | supplies, materials, or work involving an expenditure in excess | 12 | | of $20,000 shall be let to the lowest responsible bidder after | 13 | | advertising as required under subsection (b) of this Section. | 14 | | The board is not required to accept a bid that does not meet | 15 | | the district's established specifications, terms of delivery, | 16 | | quality, and serviceability requirements. Contracts which, by | 17 | | their nature, are not adapted to award by competitive bidding, | 18 | | are not subject to competitive bidding, including, but not | 19 | | limited to: | 20 | | (1) contracts for the services of individuals | 21 | | possessing a high degree of professional skill where the | 22 | | ability or fitness of the individual plays an important | 23 | | part; |
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| 1 | | (2) contracts for the printing of finance committee | 2 | | reports and departmental reports; | 3 | | (3) contracts for the printing or engraving of bonds, | 4 | | tax warrants , and other evidences of indebtedness; | 5 | | (4) contracts for the maintenance or servicing of, or | 6 | | provision of repair parts for, equipment which are made | 7 | | with the manufacturer or authorized service agent of that | 8 | | equipment where the provision of parts, maintenance, or | 9 | | servicing can best be performed by the manufacturer or | 10 | | authorized service agent, or which involve proprietary | 11 | | parts or technology not otherwise available; | 12 | | (5) purchases and contracts for the use, purchase, | 13 | | delivery, movement, or installation of data processing | 14 | | equipment, software, or services and telecommunications | 15 | | and interconnect equipment, software, and services; | 16 | | (6) contracts for duplicating machines and supplies; | 17 | | (7) contracts for utility services such as water, | 18 | | light, heat, telephone or telegraph; | 19 | | (8) contracts for goods or services procured from | 20 | | another governmental agency; | 21 | | (9) purchases of equipment previously owned by some | 22 | | entity other than the district itself; and | 23 | | (10) contracts for goods or services which are | 24 | | economically procurable from only one source, such as for | 25 | | the purchase of magazines, books, periodicals, pamphlets, | 26 | | reports, and online subscriptions. |
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| 1 | | Contracts for emergency expenditures are also exempt from | 2 | | competitive bidding when the emergency expenditure is approved | 3 | | by a vote of 3/4 of the members of the board. | 4 | | (b) Except as otherwise provided in subsection (a) of this | 5 | | Section, all proposals to award contracts involving amounts in | 6 | | excess of $20,000 shall be published at least 10 days, | 7 | | excluding Sundays and legal holidays, in advance of the date | 8 | | announced for the receiving of bids, in a secular English | 9 | | language newspaper of general circulation throughout the | 10 | | district. In addition, a fire protection district that has a | 11 | | website that the full-time staff of the district maintains | 12 | | shall post notice on its website of all proposals to award | 13 | | contracts in excess of $20,000. Advertisements for bids shall | 14 | | describe the character of the proposed contract or agreement in | 15 | | sufficient detail to enable the bidders thereon to know what | 16 | | their obligations will be, either in the advertisement itself, | 17 | | or by reference to detailed plans and specifications on file at | 18 | | the time of the publication of the first announcement. Such | 19 | | advertisement shall also state the date, time and place | 20 | | assigned for the opening of bids, and no bids shall be received | 21 | | at any time subsequent to the time indicated in the | 22 | | announcement. All competitive bids for contracts involving an | 23 | | expenditure in excess of $20,000 must be sealed by the bidder | 24 | | and must be opened by a member of the board or an employee of | 25 | | the district at a public bid opening at which the contents of | 26 | | the bids must be announced. Each bidder must receive at least 3 |
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| 1 | | days' days notice of the time and place of the bid opening.
| 2 | | (c) In addition to contracts entered into under the | 3 | | Governmental Joint Purchasing Act, a board of trustees may | 4 | | enter into contracts for supplies, materials, or work involving | 5 | | an expenditure in excess of $20,000 through participation in a | 6 | | joint governmental or nongovernmental purchasing program that | 7 | | requires as part of its selection procedure a competitive | 8 | | solicitation and procurement process. | 9 | | (d) Subject to the exceptions under subsections (a) and | 10 | | (c), any procurement by a board of trustees involving the | 11 | | acquisition, by direct or beneficial ownership, of | 12 | | improvements to real estate by a fire protection district which | 13 | | results in an expenditure of district funds in excess of | 14 | | $20,000 must be competitively bid in accordance with the | 15 | | procedures of subsection (b). | 16 | | (Source: P.A. 101-41, eff. 7-12-19; 101-139, eff. 7-26-19; | 17 | | revised 8-19-19.)
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