IL
Illinois House Bill HB1602

Illinois 2023-2024 Regular Session

Illinois House Bill HB1602 Compare Versions

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1-HB1602 EngrossedLRB103 03462 AWJ 48468 b HB1602 Engrossed LRB103 03462 AWJ 48468 b
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1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1602 Introduced 1/31/2023, by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED: 70 ILCS 2405/11 from Ch. 42, par. 310 Amends the Sanitary District Act of 1917. Increases the mandatory competitive bid threshold to not less than $25,000 or more than $100,000 (currently, not less than $10,000 or more than $40,000). Allows a sanitary district to enter into an intergovernmental agreement with a unit of local government for non-emergency construction, alteration, repair, improvement, or maintenance work on the public way in an amount no greater than $500,000 (currently, $100,000) to save taxpayer funds and eliminate duplication of government effort. Makes conforming changes. Allows contracts to be entered into in without competitive bidding for contracts greater than $100,000 to less than $500,000 (currently, $40,000 to $100,000) if the board of trustees declares that an emergency exists affecting the public health or safety. Effective immediately. LRB103 03462 AWJ 48468 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1602 Introduced 1/31/2023, by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED: 70 ILCS 2405/11 from Ch. 42, par. 310 70 ILCS 2405/11 from Ch. 42, par. 310 Amends the Sanitary District Act of 1917. Increases the mandatory competitive bid threshold to not less than $25,000 or more than $100,000 (currently, not less than $10,000 or more than $40,000). Allows a sanitary district to enter into an intergovernmental agreement with a unit of local government for non-emergency construction, alteration, repair, improvement, or maintenance work on the public way in an amount no greater than $500,000 (currently, $100,000) to save taxpayer funds and eliminate duplication of government effort. Makes conforming changes. Allows contracts to be entered into in without competitive bidding for contracts greater than $100,000 to less than $500,000 (currently, $40,000 to $100,000) if the board of trustees declares that an emergency exists affecting the public health or safety. Effective immediately. LRB103 03462 AWJ 48468 b LRB103 03462 AWJ 48468 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1602 Introduced 1/31/2023, by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED:
3+70 ILCS 2405/11 from Ch. 42, par. 310 70 ILCS 2405/11 from Ch. 42, par. 310
4+70 ILCS 2405/11 from Ch. 42, par. 310
5+Amends the Sanitary District Act of 1917. Increases the mandatory competitive bid threshold to not less than $25,000 or more than $100,000 (currently, not less than $10,000 or more than $40,000). Allows a sanitary district to enter into an intergovernmental agreement with a unit of local government for non-emergency construction, alteration, repair, improvement, or maintenance work on the public way in an amount no greater than $500,000 (currently, $100,000) to save taxpayer funds and eliminate duplication of government effort. Makes conforming changes. Allows contracts to be entered into in without competitive bidding for contracts greater than $100,000 to less than $500,000 (currently, $40,000 to $100,000) if the board of trustees declares that an emergency exists affecting the public health or safety. Effective immediately.
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311 1 AN ACT concerning local government.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
614 4 Section 5. The Sanitary District Act of 1917 is amended by
715 5 changing Section 11 as follows:
816 6 (70 ILCS 2405/11) (from Ch. 42, par. 310)
917 7 Sec. 11. Except as otherwise hereinafter provided, all
1018 8 contracts for purchases or sales by a sanitary district
1119 9 organized under this Act, the expense of which will exceed the
1220 10 mandatory competitive bid threshold, shall be let to the
1321 11 lowest responsible bidder therefor upon not less than 14 days'
1422 12 public notice of the terms and conditions upon which the
1523 13 contract is to be let, having been given by publication in a
1624 14 newspaper of general circulation published in the district,
1725 15 and the board may reject any and all bids, and readvertise. In
1826 16 determining the lowest responsible bidder, the board shall
1927 17 take into consideration the qualities and serviceability of
2028 18 the articles supplied, their conformity with specifications,
2129 19 their suitability to the requirements of the district, the
2230 20 availability of support services, the uniqueness of the
2331 21 service, materials, equipment, or supplies as it applies to
2432 22 network integrated computer systems, the compatibility of the
2533 23 service, materials, equipment or supplies with existing
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37+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1602 Introduced 1/31/2023, by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED:
38+70 ILCS 2405/11 from Ch. 42, par. 310 70 ILCS 2405/11 from Ch. 42, par. 310
39+70 ILCS 2405/11 from Ch. 42, par. 310
40+Amends the Sanitary District Act of 1917. Increases the mandatory competitive bid threshold to not less than $25,000 or more than $100,000 (currently, not less than $10,000 or more than $40,000). Allows a sanitary district to enter into an intergovernmental agreement with a unit of local government for non-emergency construction, alteration, repair, improvement, or maintenance work on the public way in an amount no greater than $500,000 (currently, $100,000) to save taxpayer funds and eliminate duplication of government effort. Makes conforming changes. Allows contracts to be entered into in without competitive bidding for contracts greater than $100,000 to less than $500,000 (currently, $40,000 to $100,000) if the board of trustees declares that an emergency exists affecting the public health or safety. Effective immediately.
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3468 1 equipment, and the delivery terms. Contracts for services in
3569 2 excess of the mandatory competitive bid threshold may, subject
3670 3 to the provisions of this Section, be let by competitive
3771 4 bidding at the discretion of the district board of trustees.
3872 5 Cash, a cashier's check, a certified check, or a bid bond
3973 6 with adequate surety approved by the board of trustees as a
4074 7 deposit of good faith, in a reasonable amount, but not in
4175 8 excess of 10% of the contract amount, may be required of each
4276 9 bidder by the district on all bids involving amounts in excess
4377 10 of the mandatory competitive bid threshold and, if so
4478 11 required, the advertisement for bids shall so specify.
45-12 Except for certain construction contracts as otherwise
46-13 provided by this Section, all All contracts for purchases or
47-14 sales that will not exceed the mandatory competitive bid
48-15 threshold may be made in the open market without publication
49-16 in a newspaper as above provided, but whenever practical shall
50-17 be based on at least 3 competitive bids. For purposes of this
51-18 Section, the "mandatory competitive bid threshold" is a dollar
52-19 amount equal to 0.1% of the total general fixed assets of the
53-20 district as reported in the most recent required audit report.
54-21 In no event, however, shall the mandatory competitive bid
55-22 threshold dollar amount be less than $25,000 $10,000, nor more
56-23 than $100,000 $40,000.
57-24 Notwithstanding this Section, all construction contracts
58-25 that the sanitary district reasonably expects to be in excess
59-26 of $60,000 but not in excess of $100,000 may be made in the
79+12 All contracts for purchases or sales that will not exceed
80+13 the mandatory competitive bid threshold may be made in the
81+14 open market without publication in a newspaper as above
82+15 provided, but whenever practical shall be based on at least 3
83+16 competitive bids. For purposes of this Section, the "mandatory
84+17 competitive bid threshold" is a dollar amount equal to 0.1% of
85+18 the total general fixed assets of the district as reported in
86+19 the most recent required audit report. In no event, however,
87+20 shall the mandatory competitive bid threshold dollar amount be
88+21 less than $25,000 or $10,000, nor more than $100,000 $40,000.
89+22 If a unit of local government performs non-emergency
90+23 construction, alteration, repair, improvement, or maintenance
91+24 work on the public way, the sanitary district may enter into an
92+25 intergovernmental agreement with the unit of local government
93+26 allowing similar construction work to be performed by the
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70-1 open market without publication in a newspaper as otherwise
71-2 provided in this Section, but, when practical, shall be based
72-3 on at least 3 competitive bids that shall: (i) identify the
73-4 scope of work; (ii) provide the same scope of work, cost
74-5 estimates, and time for response to all contacted businesses;
75-6 (iii) consider registered Illinois small businesses, business
76-7 enterprises, including female-owned enterprises,
77-8 minority-owned enterprises, and enterprises owned by persons
78-9 with a disability, and veteran-owned firms; and (iv) attempt
79-10 to avoid repetitive use of the same prime contractor in the
80-11 same calendar year unless the same contractor is the lowest
81-12 responsible bidder. When applicable, the bids must comply with
82-13 the Prevailing Wage Act.
83-14 If a unit of local government performs non-emergency
84-15 construction, alteration, repair, improvement, or maintenance
85-16 work on the public way, the sanitary district may enter into an
86-17 intergovernmental agreement with the unit of local government
87-18 allowing similar construction work to be performed by the
88-19 sanitary district on the same project, in an amount no greater
89-20 than $300,000 $100,000, to save taxpayer funds and eliminate
90-21 duplication of government effort. The sanitary district and
91-22 the other unit of local government shall, before work is
92-23 performed by either unit of local government on a project,
93-24 adopt a resolution by a majority vote of both governing bodies
94-25 certifying work will occur at a specific location, the reasons
95-26 why both units of local government require work to be
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104+1 sanitary district on the same project, in an amount no greater
105+2 than $500,000 $100,000, to save taxpayer funds and eliminate
106+3 duplication of government effort. The sanitary district and
107+4 the other unit of local government shall, before work is
108+5 performed by either unit of local government on a project,
109+6 adopt a resolution by a majority vote of both governing bodies
110+7 certifying work will occur at a specific location, the reasons
111+8 why both units of local government require work to be
112+9 performed in the same location, and the projected cost savings
113+10 if work is performed by both units of local government on the
114+11 same project. Officials or employees of the sanitary district
115+12 may, if authorized by resolution, purchase in the open market
116+13 any supplies, materials, equipment, or services for use within
117+14 the project in an amount no greater than $500,000 $100,000
118+15 without advertisement or without filing a requisition or
119+16 estimate. A full written account of each project performed by
120+17 the sanitary district and a requisition for the materials,
121+18 supplies, equipment, and services used by the sanitary
122+19 district required to complete the project must be submitted by
123+20 the officials or employees authorized to make purchases to the
124+21 board of trustees of the sanitary district no later than 30
125+22 days after purchase. The full written account must be
126+23 available for public inspection for at least one year after
127+24 expenditures are made.
128+25 Contracts which by their nature are not adapted to award
129+26 by competitive bidding, including, without limitation,
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106-1 performed in the same location, and the projected cost savings
107-2 if work is performed by both units of local government on the
108-3 same project. Officials or employees of the sanitary district
109-4 may, if authorized by resolution, purchase in the open market
110-5 any supplies, materials, equipment, or services for use within
111-6 the project in an amount no greater than $300,000 $100,000
112-7 without advertisement or without filing a requisition or
113-8 estimate. A full written account of each project performed by
114-9 the sanitary district and a requisition for the materials,
115-10 supplies, equipment, and services used by the sanitary
116-11 district required to complete the project must be submitted by
117-12 the officials or employees authorized to make purchases to the
118-13 board of trustees of the sanitary district no later than 30
119-14 days after purchase. The full written account must be
120-15 available for public inspection for at least one year after
121-16 expenditures are made.
122-17 Contracts which by their nature are not adapted to award
123-18 by competitive bidding, including, without limitation,
124-19 contracts for the services of individuals, groups or firms
125-20 possessing a high degree of professional skill where the
126-21 ability or fitness of the individual or organization plays an
127-22 important part, contracts for financial management services
128-23 undertaken pursuant to "An Act relating to certain investments
129-24 of public funds by public agencies", approved July 23, 1943,
130-25 as now or hereafter amended, contracts for the purchase or
131-26 sale of utilities, contracts for materials economically
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140+1 contracts for the services of individuals, groups or firms
141+2 possessing a high degree of professional skill where the
142+3 ability or fitness of the individual or organization plays an
143+4 important part, contracts for financial management services
144+5 undertaken pursuant to "An Act relating to certain investments
145+6 of public funds by public agencies", approved July 23, 1943,
146+7 as now or hereafter amended, contracts for the purchase or
147+8 sale of utilities, contracts for materials economically
148+9 procurable only from a single source of supply, contracts for
149+10 the use, purchase, delivery, movement, or installation of data
150+11 processing equipment, software, or services and
151+12 telecommunications and interconnect equipment, software, or
152+13 services, contracts for duplicating machines and supplies,
153+14 contracts for goods or services procured from another
154+15 governmental agency, purchases of equipment previously owned
155+16 by an entity other than the district itself, and leases of real
156+17 property where the sanitary district is the lessee shall not
157+18 be subject to the competitive bidding requirements of this
158+19 Section.
159+20 The competitive bidding requirements of this Section do
160+21 not apply to contracts for construction of a facility or
161+22 structure for the sanitary district when the facility or
162+23 structure will be designed, built, and tested before being
163+24 conveyed to the sanitary district.
164+25 The competitive bidding requirements of this Section do
165+26 not apply to contracts, including contracts for both materials
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142-1 procurable only from a single source of supply, contracts for
143-2 the use, purchase, delivery, movement, or installation of data
144-3 processing equipment, software, or services and
145-4 telecommunications and interconnect equipment, software, or
146-5 services, contracts for duplicating machines and supplies,
147-6 contracts for goods or services procured from another
148-7 governmental agency, purchases of equipment previously owned
149-8 by an entity other than the district itself, and leases of real
150-9 property where the sanitary district is the lessee shall not
151-10 be subject to the competitive bidding requirements of this
152-11 Section.
153-12 The competitive bidding requirements of this Section do
154-13 not apply to contracts for construction of a facility or
155-14 structure for the sanitary district when the facility or
156-15 structure will be designed, built, and tested before being
157-16 conveyed to the sanitary district.
158-17 The competitive bidding requirements of this Section do
159-18 not apply to contracts, including contracts for both materials
160-19 and services incidental thereto, for the repair or replacement
161-20 of a sanitary district's treatment plant, sewers, equipment,
162-21 or facilities damaged or destroyed as the result of a sudden or
163-22 unexpected occurrence, including, but not limited to, a flood,
164-23 fire, tornado, earthquake, storm, or other natural or man-made
165-24 disaster, if the board of trustees determines in writing that
166-25 the awarding of those contracts without competitive bidding is
167-26 reasonably necessary for the sanitary district to maintain
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176+1 and services incidental thereto, for the repair or replacement
177+2 of a sanitary district's treatment plant, sewers, equipment,
178+3 or facilities damaged or destroyed as the result of a sudden or
179+4 unexpected occurrence, including, but not limited to, a flood,
180+5 fire, tornado, earthquake, storm, or other natural or man-made
181+6 disaster, if the board of trustees determines in writing that
182+7 the awarding of those contracts without competitive bidding is
183+8 reasonably necessary for the sanitary district to maintain
184+9 compliance with a permit issued under the National Pollution
185+10 Discharge Elimination System (NPDES) or any successor system
186+11 or with any outstanding order relating to that compliance
187+12 issued by the United States Environmental Protection Agency,
188+13 the Illinois Environmental Protection Agency, or the Illinois
189+14 Pollution Control Board. The authority to issue contracts
190+15 without competitive bidding pursuant to this paragraph expires
191+16 6 months after the date of the writing determining that the
192+17 awarding of contracts without competitive bidding is
193+18 reasonably necessary.
194+19 Where the board of trustees declares, by a 2/3 vote of all
195+20 members of the board, that there exists an emergency affecting
196+21 the public health or safety, contracts totaling not more than
197+22 the emergency contract cap may be let to the extent necessary
198+23 to resolve such emergency without public advertisement or
199+24 competitive bidding. For purposes of this Section, the
200+25 "emergency contract cap" is a dollar amount equal to 0.4% of
201+26 the total general fixed assets of the district as reported in
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178-1 compliance with a permit issued under the National Pollution
179-2 Discharge Elimination System (NPDES) or any successor system
180-3 or with any outstanding order relating to that compliance
181-4 issued by the United States Environmental Protection Agency,
182-5 the Illinois Environmental Protection Agency, or the Illinois
183-6 Pollution Control Board. The authority to issue contracts
184-7 without competitive bidding pursuant to this paragraph expires
185-8 6 months after the date of the writing determining that the
186-9 awarding of contracts without competitive bidding is
187-10 reasonably necessary.
188-11 Where the board of trustees declares, by a 2/3 vote of all
189-12 members of the board, that there exists an emergency affecting
190-13 the public health or safety, contracts totaling not more than
191-14 the emergency contract cap may be let to the extent necessary
192-15 to resolve such emergency without public advertisement or
193-16 competitive bidding. For purposes of this Section, the
194-17 "emergency contract cap" is a dollar amount equal to 0.4% of
195-18 the total general fixed assets of the district as reported in
196-19 the most recent required audit report. In no event, however,
197-20 shall the emergency contract cap dollar amount be less than
198-21 $100,000 $40,000, nor more than $300,000 $100,000. The
199-22 ordinance or resolution embodying the emergency declaration
200-23 shall contain the date upon which such emergency will
201-24 terminate. The board of trustees may extend the termination
202-25 date if in its judgment the circumstances so require. A full
203-26 written account of the emergency, together with a requisition
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212+1 the most recent required audit report. In no event, however,
213+2 shall the emergency contract cap dollar amount be less than
214+3 $100,000 or $40,000, nor more than $500,000 $100,000. The
215+4 ordinance or resolution embodying the emergency declaration
216+5 shall contain the date upon which such emergency will
217+6 terminate. The board of trustees may extend the termination
218+7 date if in its judgment the circumstances so require. A full
219+8 written account of the emergency, together with a requisition
220+9 for the materials, supplies, labor or equipment required
221+10 therefor shall be submitted immediately upon completion and
222+11 shall be open to public inspection for a period of at least one
223+12 year subsequent to the date of such emergency purchase. Within
224+13 30 days after the passage of the resolution or ordinance
225+14 declaring an emergency affecting the public health or safety,
226+15 the District shall submit to the Illinois Environmental
227+16 Protection Agency the full written account of any such
228+17 emergency along with a copy of the resolution or ordinance
229+18 declaring the emergency, in accordance with requirements as
230+19 may be provided by rule.
231+20 A contract for any work or other public improvement, to be
232+21 paid for in whole or in part by special assessment or special
233+22 taxation, shall be entered into and the performance thereof
234+23 controlled by Division 2 of Article 9 of the "Illinois
235+24 Municipal Code", approved May 29, 1961, as heretofore and
236+25 hereafter amended, as near as may be. The contracts may be let
237+26 for making proper and suitable connections between the mains
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214-1 for the materials, supplies, labor or equipment required
215-2 therefor shall be submitted immediately upon completion and
216-3 shall be open to public inspection for a period of at least one
217-4 year subsequent to the date of such emergency purchase. Within
218-5 30 days after the passage of the resolution or ordinance
219-6 declaring an emergency affecting the public health or safety,
220-7 the District shall submit to the Illinois Environmental
221-8 Protection Agency the full written account of any such
222-9 emergency along with a copy of the resolution or ordinance
223-10 declaring the emergency, in accordance with requirements as
224-11 may be provided by rule.
225-12 A contract for any work or other public improvement, to be
226-13 paid for in whole or in part by special assessment or special
227-14 taxation, shall be entered into and the performance thereof
228-15 controlled by Division 2 of Article 9 of the "Illinois
229-16 Municipal Code", approved May 29, 1961, as heretofore and
230-17 hereafter amended, as near as may be. The contracts may be let
231-18 for making proper and suitable connections between the mains
232-19 and outlets of the respective sewers in the district with any
233-20 conduit, conduits, main pipe or pipes that may be constructed
234-21 by such sanitary district.
235-22 (Source: P.A. 100-882, eff. 8-14-18.)
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248+1 and outlets of the respective sewers in the district with any
249+2 conduit, conduits, main pipe or pipes that may be constructed
250+3 by such sanitary district.
251+4 (Source: P.A. 100-882, eff. 8-14-18.)
252+5 Section 99. Effective date. This Act takes effect upon
253+6 becoming law.
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