Illinois 2023-2024 Regular Session

Illinois House Bill HB1626 Latest Draft

Bill / Engrossed Version Filed 03/17/2023

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  HB1626 Engrossed  LRB103 05891 AWJ 50912 b
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
12  excess of $30,000 $20,000 shall be let to the lowest
13  responsible bidder after advertising as required under
14  subsection (b) of this Section. The board is not required to
15  accept a bid that does not meet the district's established
16  specifications, terms of delivery, quality, and serviceability
17  requirements. Contracts which, by their nature, are not
18  adapted to award by competitive bidding, are not subject to
19  competitive bidding, including, but not 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 $30,000 $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 $30,000 $20,000. Advertisements for
14  bids shall describe the character of the proposed contract or
15  agreement in sufficient detail to enable the bidders thereon
16  to know what their obligations will be, either in the
17  advertisement itself, or by reference to detailed plans and
18  specifications on file at the time of the publication of the
19  first announcement. Such advertisement shall also state the
20  date, time and place assigned for the opening of bids, and no
21  bids shall be received at any time subsequent to the time
22  indicated in the announcement. All competitive bids for
23  contracts involving an expenditure in excess of $30,000
24  $20,000 must be sealed by the bidder and must be opened by a
25  member of the board or an employee of the district at a public
26  bid opening at which the contents of the bids must be

 

 

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1  announced. Each bidder must receive at least 3 days' notice of
2  the time and place of the bid opening.
3  (c) In addition to contracts entered into under the
4  Governmental Joint Purchasing Act, a board of trustees may
5  enter into contracts for supplies, materials, or work
6  involving an expenditure in excess of $30,000 $20,000 through
7  participation in a joint governmental or nongovernmental
8  purchasing program that requires as part of its selection
9  procedure a competitive solicitation and procurement process.
10  (d) Subject to the exceptions under subsections (a) and
11  (c), any procurement by a board of trustees involving the
12  acquisition, by direct or beneficial ownership, of
13  improvements to real estate by a fire protection district
14  which results in an expenditure of district funds in excess of
15  $30,000 $20,000 must be competitively bid in accordance with
16  the procedures of subsection (b).
17  (Source: P.A. 101-41, eff. 7-12-19; 101-139, eff. 7-26-19;
18  102-138, eff. 1-1-22; 102-558, eff 8-20-21.)

 

 

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