Illinois 2023-2024 Regular Session

Illinois House Bill HB1727 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0286
2	1		HB1727 EnrolledLRB103 27940 AWJ 54318 b HB1727 Enrolled LRB103 27940 AWJ 54318 b
3	2		HB1727 Enrolled LRB103 27940 AWJ 54318 b
4		-	AN ACT concerning local government.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Counties Code is amended by changing
8		-	Section 5-1022 as follows:
9		-	(55 ILCS 5/5-1022) (from Ch. 34, par. 5-1022)
10		-	Sec. 5-1022. Competitive bids.
11		-	(a) Any purchase by a county with fewer than 2,000,000
12		-	inhabitants of services, materials, equipment or supplies in
13		-	excess of $30,000, other than professional services, shall be
14		-	contracted for in one of the following ways:
15		-	(1) by a contract let to the lowest responsible bidder
16		-	after advertising for bids in a newspaper published within
17		-	the county or, if no newspaper is published within the
18		-	county, then a newspaper having general circulation within
19		-	the county; or
20		-	(2) by a contract let without advertising for bids in
21		-	the case of an emergency if authorized by the county
22		-	board.
23		-	(3) by a contract let without advertising for bids in
24		-	the case of the expedited replacement of a disabled,
25		-	inoperable, or damaged patrol vehicle of the sheriff's
26		-	department if authorized by the county board.
	3	+	1 AN ACT concerning local government.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Counties Code is amended by changing
	7	+	5 Section 5-1022 as follows:
	8	+	6 (55 ILCS 5/5-1022) (from Ch. 34, par. 5-1022)
	9	+	7 Sec. 5-1022. Competitive bids.
	10	+	8 (a) Any purchase by a county with fewer than 2,000,000
	11	+	9 inhabitants of services, materials, equipment or supplies in
	12	+	10 excess of $30,000, other than professional services, shall be
	13	+	11 contracted for in one of the following ways:
	14	+	12 (1) by a contract let to the lowest responsible bidder
	15	+	13 after advertising for bids in a newspaper published within
	16	+	14 the county or, if no newspaper is published within the
	17	+	15 county, then a newspaper having general circulation within
	18	+	16 the county; or
	19	+	17 (2) by a contract let without advertising for bids in
	20	+	18 the case of an emergency if authorized by the county
	21	+	19 board.
	22	+	20 (3) by a contract let without advertising for bids in
	23	+	21 the case of the expedited replacement of a disabled,
	24	+	22 inoperable, or damaged patrol vehicle of the sheriff's
	25	+	23 department if authorized by the county board.
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33		-	(b) In determining the lowest responsible bidder, the
34		-	county board shall take into consideration the qualities of
35		-	the articles supplied; their conformity with the
36		-	specifications; their suitability to the requirements of the
37		-	county, availability of support services; uniqueness of the
38		-	service, materials, equipment, or supplies as it applies to
39		-	networked, integrated computer systems; compatibility to
40		-	existing equipment; and the delivery terms. The county board
41		-	also may take into consideration whether a bidder is a private
42		-	enterprise or a State-controlled enterprise and,
43		-	notwithstanding any other provision of this Section or a lower
44		-	bid by a State-controlled enterprise, may let a contract to
45		-	the lowest responsible bidder that is a private enterprise.
46		-	(c) This Section does not apply to contracts by a county
47		-	with the federal government or to purchases of used equipment,
48		-	purchases at auction or similar transactions which by their
49		-	very nature are not suitable to competitive bids, pursuant to
50		-	an ordinance adopted by the county board.
51		-	(d) Notwithstanding the provisions of this Section, a
52		-	county may let without advertising for bids in the case of
53		-	purchases and contracts, when individual orders do not exceed
54		-	$35,000, for the use, purchase, delivery, movement, or
55		-	installation of data processing equipment, software, or
56		-	services and telecommunications and inter-connect equipment,
57		-	software, and services.
58		-	(e) A county may require, as a condition of any contract
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	34	+	1 (b) In determining the lowest responsible bidder, the
	35	+	2 county board shall take into consideration the qualities of
	36	+	3 the articles supplied; their conformity with the
	37	+	4 specifications; their suitability to the requirements of the
	38	+	5 county, availability of support services; uniqueness of the
	39	+	6 service, materials, equipment, or supplies as it applies to
	40	+	7 networked, integrated computer systems; compatibility to
	41	+	8 existing equipment; and the delivery terms. The county board
	42	+	9 also may take into consideration whether a bidder is a private
	43	+	10 enterprise or a State-controlled enterprise and,
	44	+	11 notwithstanding any other provision of this Section or a lower
	45	+	12 bid by a State-controlled enterprise, may let a contract to
	46	+	13 the lowest responsible bidder that is a private enterprise.
	47	+	14 (c) This Section does not apply to contracts by a county
	48	+	15 with the federal government or to purchases of used equipment,
	49	+	16 purchases at auction or similar transactions which by their
	50	+	17 very nature are not suitable to competitive bids, pursuant to
	51	+	18 an ordinance adopted by the county board.
	52	+	19 (d) Notwithstanding the provisions of this Section, a
	53	+	20 county may let without advertising for bids in the case of
	54	+	21 purchases and contracts, when individual orders do not exceed
	55	+	22 $35,000, for the use, purchase, delivery, movement, or
	56	+	23 installation of data processing equipment, software, or
	57	+	24 services and telecommunications and inter-connect equipment,
	58	+	25 software, and services.
	59	+	26 (e) A county may require, as a condition of any contract
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61		-	for goods and services, that persons awarded a contract with
62		-	the county and all affiliates of the person collect and remit
63		-	Illinois Use Tax on all sales of tangible personal property
64		-	into the State of Illinois in accordance with the provisions
65		-	of the Illinois Use Tax Act regardless of whether the person or
66		-	affiliate is a "retailer maintaining a place of business
67		-	within this State" as defined in Section 2 of the Use Tax Act.
68		-	For purposes of this subsection (e), the term "affiliate"
69		-	means any entity that (1) directly, indirectly, or
70		-	constructively controls another entity, (2) is directly,
71		-	indirectly, or constructively controlled by another entity, or
72		-	(3) is subject to the control of a common entity. For purposes
73		-	of this subsection (e), an entity controls another entity if
74		-	it owns, directly or individually, more than 10% of the voting
75		-	securities of that entity. As used in this subsection (e), the
76		-	term "voting security" means a security that (1) confers upon
77		-	the holder the right to vote for the election of members of the
78		-	board of directors or similar governing body of the business
79		-	or (2) is convertible into, or entitles the holder to receive
80		-	upon its exercise, a security that confers such a right to
81		-	vote. A general partnership interest is a voting security.
82		-	(f) Bids submitted to, and contracts executed by, the
83		-	county may require a certification by the bidder or contractor
84		-	that the bidder or contractor is not barred from bidding for or
85		-	entering into a contract under this Section and that the
86		-	bidder or contractor acknowledges that the county may declare
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89		-	the contract void if the certification completed pursuant to
90		-	this subsection (f) is false.
91		-	(Source: P.A. 95-331, eff. 8-21-07; 96-170, eff. 1-1-10.)
92		-	Section 99. Effective date. This Act takes effect upon
93		-	becoming law.
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	70	+	1 for goods and services, that persons awarded a contract with
	71	+	2 the county and all affiliates of the person collect and remit
	72	+	3 Illinois Use Tax on all sales of tangible personal property
	73	+	4 into the State of Illinois in accordance with the provisions
	74	+	5 of the Illinois Use Tax Act regardless of whether the person or
	75	+	6 affiliate is a "retailer maintaining a place of business
	76	+	7 within this State" as defined in Section 2 of the Use Tax Act.
	77	+	8 For purposes of this subsection (e), the term "affiliate"
	78	+	9 means any entity that (1) directly, indirectly, or
	79	+	10 constructively controls another entity, (2) is directly,
	80	+	11 indirectly, or constructively controlled by another entity, or
	81	+	12 (3) is subject to the control of a common entity. For purposes
	82	+	13 of this subsection (e), an entity controls another entity if
	83	+	14 it owns, directly or individually, more than 10% of the voting
	84	+	15 securities of that entity. As used in this subsection (e), the
	85	+	16 term "voting security" means a security that (1) confers upon
	86	+	17 the holder the right to vote for the election of members of the
	87	+	18 board of directors or similar governing body of the business
	88	+	19 or (2) is convertible into, or entitles the holder to receive
	89	+	20 upon its exercise, a security that confers such a right to
	90	+	21 vote. A general partnership interest is a voting security.
	91	+	22 (f) Bids submitted to, and contracts executed by, the
	92	+	23 county may require a certification by the bidder or contractor
	93	+	24 that the bidder or contractor is not barred from bidding for or
	94	+	25 entering into a contract under this Section and that the
	95	+	26 bidder or contractor acknowledges that the county may declare
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	106	+	1 the contract void if the certification completed pursuant to
	107	+	2 this subsection (f) is false.
	108	+	3 (Source: P.A. 95-331, eff. 8-21-07; 96-170, eff. 1-1-10.)
	109	+	4 Section 99. Effective date. This Act takes effect upon
	110	+	5 becoming law.
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