104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2151 Introduced 2/7/2025, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-1022 Amends the Counties Code. Provides that the State's Attorney in each county shall be exempt from letting contracts by competitive bid for services related to both criminal and civil litigation. Makes other changes. LRB104 10834 RTM 20915 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2151 Introduced 2/7/2025, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-1022 55 ILCS 5/5-1022 Amends the Counties Code. Provides that the State's Attorney in each county shall be exempt from letting contracts by competitive bid for services related to both criminal and civil litigation. Makes other changes. LRB104 10834 RTM 20915 b LRB104 10834 RTM 20915 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2151 Introduced 2/7/2025, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-1022 55 ILCS 5/5-1022 55 ILCS 5/5-1022 Amends the Counties Code. Provides that the State's Attorney in each county shall be exempt from letting contracts by competitive bid for services related to both criminal and civil litigation. Makes other changes. LRB104 10834 RTM 20915 b LRB104 10834 RTM 20915 b LRB104 10834 RTM 20915 b A BILL FOR SB2151LRB104 10834 RTM 20915 b SB2151 LRB104 10834 RTM 20915 b SB2151 LRB104 10834 RTM 20915 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 Counties Code is amended by changing 5 Section 5-1022 as follows: 6 (55 ILCS 5/5-1022) 7 Sec. 5-1022. Competitive bids. 8 (a) Any purchase by a county with fewer than 2,000,000 9 inhabitants, or an elected official in a county with fewer 10 than 2,000,000 inhabitants, including an elected official with 11 control of the internal operations of the office, of services, 12 materials, equipment, or supplies in excess of $30,000, other 13 than professional services, shall be contracted for in one of 14 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; 20 (2) by a contract let without advertising for bids in 21 the case of an emergency if authorized by the county 22 board; or 23 (3) by a contract let without advertising for bids in 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2151 Introduced 2/7/2025, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-1022 55 ILCS 5/5-1022 55 ILCS 5/5-1022 Amends the Counties Code. Provides that the State's Attorney in each county shall be exempt from letting contracts by competitive bid for services related to both criminal and civil litigation. Makes other changes. LRB104 10834 RTM 20915 b LRB104 10834 RTM 20915 b LRB104 10834 RTM 20915 b A BILL FOR 55 ILCS 5/5-1022 LRB104 10834 RTM 20915 b SB2151 LRB104 10834 RTM 20915 b SB2151- 2 -LRB104 10834 RTM 20915 b SB2151 - 2 - LRB104 10834 RTM 20915 b SB2151 - 2 - LRB104 10834 RTM 20915 b 1 the case of the expedited replacement of a disabled, 2 inoperable, or damaged patrol vehicle of the sheriff's 3 department if authorized by the county board. 4 (b) In determining the lowest responsible bidder, the 5 county board or elected official shall take into consideration 6 the qualities of the articles supplied; their conformity with 7 the specifications; their suitability to the requirements of 8 the county; the availability of support services; the 9 uniqueness of the service, materials, equipment, or supplies 10 as it applies to networked, integrated computer systems; the 11 compatibility to existing equipment; and the delivery terms. 12 In addition, the county board or elected official may take 13 into consideration the bidder's active participation in an 14 applicable apprenticeship program registered with the United 15 States Department of Labor. The county board also may take 16 into consideration whether a bidder is a private enterprise or 17 a State-controlled enterprise and, notwithstanding any other 18 provision of this Section or a lower bid by a State-controlled 19 enterprise, may let a contract to the lowest responsible 20 bidder that is a private enterprise. 21 (c) This Section does not apply to contracts by a county or 22 elected official with the federal government or to purchases 23 of used equipment, purchases at auction or similar 24 transactions which by their very nature are not suitable to 25 competitive bids, pursuant to an ordinance adopted by the 26 county board. SB2151 - 2 - LRB104 10834 RTM 20915 b SB2151- 3 -LRB104 10834 RTM 20915 b SB2151 - 3 - LRB104 10834 RTM 20915 b SB2151 - 3 - LRB104 10834 RTM 20915 b 1 (c-5) This Section does not apply to contracts by an 2 elected official with the federal government or to purchases 3 of used equipment, purchases at auction or similar 4 transactions which by their very nature are not suitable to 5 competitive bids. 6 (d) Notwithstanding the provisions of this Section, a 7 county or elected official may let without advertising for 8 bids in the case of purchases and contracts, when individual 9 orders do not exceed $35,000, for the use, purchase, delivery, 10 movement, or installation of data processing equipment, 11 software, or services and telecommunications and inter-connect 12 equipment, software, and services. 13 (e) A county or elected official may require, as a 14 condition of any contract for goods and services, that persons 15 awarded a contract with the county or elected official and all 16 affiliates of the person collect and remit Illinois Use Tax on 17 all sales of tangible personal property into the State of 18 Illinois in accordance with the provisions of the Illinois Use 19 Tax Act regardless of whether the person or affiliate is a 20 "retailer maintaining a place of business within this State" 21 as defined in Section 2 of the Use Tax Act. For purposes of 22 this subsection (e), the term "affiliate" means any entity 23 that (1) directly, indirectly, or constructively controls 24 another entity, (2) is directly, indirectly, or constructively 25 controlled by another entity, or (3) is subject to the control 26 of a common entity. For purposes of this subsection (e), an SB2151 - 3 - LRB104 10834 RTM 20915 b SB2151- 4 -LRB104 10834 RTM 20915 b SB2151 - 4 - LRB104 10834 RTM 20915 b SB2151 - 4 - LRB104 10834 RTM 20915 b SB2151 - 4 - LRB104 10834 RTM 20915 b