Illinois 2023-2024 Regular Session

Illinois House Bill HB3494 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3494 Introduced , by Rep. Paul Jacobs SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-1022 from Ch. 34, par. 5-1022 Amends the Counties Code. Provides that any purchase by a county with fewer than 2,000,000 inhabitants of services, materials, equipment or supplies in excess of $50,000 (rather than $30,000), other than professional services, shall be let by competitive bidding or, for an emergency, let without advertising for bids by the county board. Effective immediately. LRB103 27144 AWJ 53513 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3494 Introduced , by Rep. Paul Jacobs SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-1022 from Ch. 34, par. 5-1022 55 ILCS 5/5-1022 from Ch. 34, par. 5-1022 Amends the Counties Code. Provides that any purchase by a county with fewer than 2,000,000 inhabitants of services, materials, equipment or supplies in excess of $50,000 (rather than $30,000), other than professional services, shall be let by competitive bidding or, for an emergency, let without advertising for bids by the county board. Effective immediately. LRB103 27144 AWJ 53513 b LRB103 27144 AWJ 53513 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3494 Introduced , by Rep. Paul Jacobs SYNOPSIS AS INTRODUCED:
3	3	55 ILCS 5/5-1022 from Ch. 34, par. 5-1022 55 ILCS 5/5-1022 from Ch. 34, par. 5-1022
4	4	55 ILCS 5/5-1022 from Ch. 34, par. 5-1022
5	5	Amends the Counties Code. Provides that any purchase by a county with fewer than 2,000,000 inhabitants of services, materials, equipment or supplies in excess of $50,000 (rather than $30,000), other than professional services, shall be let by competitive bidding or, for an emergency, let without advertising for bids by the county board. Effective immediately.
6	6	LRB103 27144 AWJ 53513 b LRB103 27144 AWJ 53513 b
7	7	LRB103 27144 AWJ 53513 b
8	8	A BILL FOR
9	9	HB3494LRB103 27144 AWJ 53513 b HB3494 LRB103 27144 AWJ 53513 b
10	10	HB3494 LRB103 27144 AWJ 53513 b
11	11	1 AN ACT concerning local government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Counties Code is amended by changing
15	15	5 Section 5-1022 as follows:
16	16	6 (55 ILCS 5/5-1022) (from Ch. 34, par. 5-1022)
17	17	7 Sec. 5-1022. Competitive bids.
18	18	8 (a) Any purchase by a county with fewer than 2,000,000
19	19	9 inhabitants of services, materials, equipment or supplies in
20	20	10 excess of $50,000 $30,000, other than professional services,
21	21	11 shall be contracted for in one of the following ways:
22	22	12 (1) by a contract let to the lowest responsible bidder
23	23	13 after advertising for bids in a newspaper published within
24	24	14 the county or, if no newspaper is published within the
25	25	15 county, then a newspaper having general circulation within
26	26	16 the county; or
27	27	17 (2) by a contract let without advertising for bids in
28	28	18 the case of an emergency if authorized by the county
29	29	19 board.
30	30	20 (b) In determining the lowest responsible bidder, the
31	31	21 county board shall take into consideration the qualities of
32	32	22 the articles supplied; their conformity with the
33	33	23 specifications; their suitability to the requirements of the
34	34
35	35
36	36
37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3494 Introduced , by Rep. Paul Jacobs SYNOPSIS AS INTRODUCED:
38	38	55 ILCS 5/5-1022 from Ch. 34, par. 5-1022 55 ILCS 5/5-1022 from Ch. 34, par. 5-1022
39	39	55 ILCS 5/5-1022 from Ch. 34, par. 5-1022
40	40	Amends the Counties Code. Provides that any purchase by a county with fewer than 2,000,000 inhabitants of services, materials, equipment or supplies in excess of $50,000 (rather than $30,000), other than professional services, shall be let by competitive bidding or, for an emergency, let without advertising for bids by the county board. Effective immediately.
41	41	LRB103 27144 AWJ 53513 b LRB103 27144 AWJ 53513 b
42	42	LRB103 27144 AWJ 53513 b
43	43	A BILL FOR
44	44
45	45
46	46
47	47
48	48
49	49	55 ILCS 5/5-1022 from Ch. 34, par. 5-1022
50	50
51	51
52	52
53	53	LRB103 27144 AWJ 53513 b
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63	HB3494 LRB103 27144 AWJ 53513 b
64	64
65	65
66	66	HB3494- 2 -LRB103 27144 AWJ 53513 b HB3494 - 2 - LRB103 27144 AWJ 53513 b
67	67	HB3494 - 2 - LRB103 27144 AWJ 53513 b
68	68	1 county, availability of support services; uniqueness of the
69	69	2 service, materials, equipment, or supplies as it applies to
70	70	3 networked, integrated computer systems; compatibility to
71	71	4 existing equipment; and the delivery terms. The county board
72	72	5 also may take into consideration whether a bidder is a private
73	73	6 enterprise or a State-controlled enterprise and,
74	74	7 notwithstanding any other provision of this Section or a lower
75	75	8 bid by a State-controlled enterprise, may let a contract to
76	76	9 the lowest responsible bidder that is a private enterprise.
77	77	10 (c) This Section does not apply to contracts by a county
78	78	11 with the federal government or to purchases of used equipment,
79	79	12 purchases at auction or similar transactions which by their
80	80	13 very nature are not suitable to competitive bids, pursuant to
81	81	14 an ordinance adopted by the county board.
82	82	15 (d) Notwithstanding the provisions of this Section, a
83	83	16 county may let without advertising for bids in the case of
84	84	17 purchases and contracts, when individual orders do not exceed
85	85	18 $35,000, for the use, purchase, delivery, movement, or
86	86	19 installation of data processing equipment, software, or
87	87	20 services and telecommunications and inter-connect equipment,
88	88	21 software, and services.
89	89	22 (e) A county may require, as a condition of any contract
90	90	23 for goods and services, that persons awarded a contract with
91	91	24 the county and all affiliates of the person collect and remit
92	92	25 Illinois Use Tax on all sales of tangible personal property
93	93	26 into the State of Illinois in accordance with the provisions
94	94
95	95
96	96
97	97
98	98
99	99	HB3494 - 2 - LRB103 27144 AWJ 53513 b
100	100
101	101
102	102	HB3494- 3 -LRB103 27144 AWJ 53513 b HB3494 - 3 - LRB103 27144 AWJ 53513 b
103	103	HB3494 - 3 - LRB103 27144 AWJ 53513 b
104	104	1 of the Illinois Use Tax Act regardless of whether the person or
105	105	2 affiliate is a "retailer maintaining a place of business
106	106	3 within this State" as defined in Section 2 of the Use Tax Act.
107	107	4 For purposes of this subsection (e), the term "affiliate"
108	108	5 means any entity that (1) directly, indirectly, or
109	109	6 constructively controls another entity, (2) is directly,
110	110	7 indirectly, or constructively controlled by another entity, or
111	111	8 (3) is subject to the control of a common entity. For purposes
112	112	9 of this subsection (e), an entity controls another entity if
113	113	10 it owns, directly or individually, more than 10% of the voting
114	114	11 securities of that entity. As used in this subsection (e), the
115	115	12 term "voting security" means a security that (1) confers upon
116	116	13 the holder the right to vote for the election of members of the
117	117	14 board of directors or similar governing body of the business
118	118	15 or (2) is convertible into, or entitles the holder to receive
119	119	16 upon its exercise, a security that confers such a right to
120	120	17 vote. A general partnership interest is a voting security.
121	121	18 (f) Bids submitted to, and contracts executed by, the
122	122	19 county may require a certification by the bidder or contractor
123	123	20 that the bidder or contractor is not barred from bidding for or
124	124	21 entering into a contract under this Section and that the
125	125	22 bidder or contractor acknowledges that the county may declare
126	126	23 the contract void if the certification completed pursuant to
127	127	24 this subsection (f) is false.
128	128	25 (Source: P.A. 95-331, eff. 8-21-07; 96-170, eff. 1-1-10.)
129	129	26 Section 99. Effective date. This Act takes effect upon
130	130
131	131
132	132
133	133
134	134
135	135	HB3494 - 3 - LRB103 27144 AWJ 53513 b
136	136
137	137
138	138	HB3494- 4 -LRB103 27144 AWJ 53513 b HB3494 - 4 - LRB103 27144 AWJ 53513 b
139	139	HB3494 - 4 - LRB103 27144 AWJ 53513 b
140	140	1 becoming law.
141	141
142	142
143	143
144	144
145	145
146	146	HB3494 - 4 - LRB103 27144 AWJ 53513 b