Public Act 103-0286

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Public Act 103-0286

Public Act 0286 103RD GENERAL ASSEMBLY




 

 
Public Act 103-0286
 
HB1727 EnrolledLRB103 27940 AWJ 54318 b



    AN ACT concerning local government.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 
    Section 5. The Counties Code is amended  by changing 
Section 5-1022 as follows:
 



    (55 ILCS 5/5-1022)  (from Ch. 34, par. 5-1022)



    Sec. 5-1022. Competitive bids. 

    (a) Any purchase by a county with fewer than 2,000,000 
inhabitants of
services, materials, equipment or supplies in 
excess of $30,000, other than
professional services, shall be 
contracted for in one of the following ways:

        (1) by a contract let to the lowest responsible bidder 
    after advertising
for bids in a newspaper published within 
    the county or, if no newspaper
is published within the 
    county, then a newspaper having general circulation
within 
    the county; or

        (2) by a contract let without advertising for bids in 
    the case of an
emergency if authorized by the county 
    board.

        (3) by a contract let without advertising for bids in 
    the case of the expedited replacement of a disabled, 
    inoperable, or damaged patrol vehicle of the sheriff's 
    department if authorized by the county board. 
    (b) In determining the lowest responsible bidder, the 
county board shall
take into consideration the qualities of 
the articles supplied; their
conformity with the 
specifications; their suitability to the
requirements
of the 
county,
availability of support services; uniqueness of the 
service, materials,
equipment, or supplies as it applies to 
networked, integrated computer systems;
compatibility to 
existing equipment;
and the delivery terms.  The county board 
also may
take into consideration whether a bidder is a private 
enterprise or a
State-controlled enterprise and, 
notwithstanding any other provision of
this Section or a lower 
bid by a State-controlled enterprise, may let a
contract to 
the lowest responsible bidder that is a private enterprise.

    (c) This Section does not apply to contracts by a county 
with the federal
government or to purchases of used equipment, 
purchases at auction
or similar transactions which by their 
very nature are not suitable to
competitive bids, pursuant to 
an ordinance adopted by the county board.

    (d) Notwithstanding the provisions of this Section, a 
county may let
without advertising for bids in the case of 
purchases and contracts, when
individual orders do not exceed 
$35,000, for the use, purchase, delivery,
movement, or 
installation of data processing equipment, software, or 
services
and
telecommunications and inter-connect equipment, 
software, and services.

    (e) A county may require, as a condition of any contract 
for goods and
services,
that persons awarded a contract with 
the county and all affiliates of the
person
collect and
remit 
Illinois Use Tax on all sales of tangible personal property 
into the
State
of Illinois
in accordance with the provisions 
of the Illinois Use Tax Act regardless of
whether the
person or 
affiliate is a "retailer maintaining a place of business 
within this
State" as
defined in Section 2 of the Use Tax Act. 
For purposes of this subsection (e),
the term
"affiliate" 
means any entity that (1) directly, indirectly, or 
constructively
controls another
entity, (2) is directly, 
indirectly, or constructively controlled by another
entity, or 
(3) is
subject to the control of a common entity. For purposes 
of this subsection (e),
an entity
controls another entity if 
it owns, directly or individually, more than 10% of
the voting

securities of that entity. As used in this subsection (e), the 
term "voting
security" means a
security that (1) confers upon 
the holder the right to vote for the election of
members of
the 
board of directors or similar governing body of the business 
or (2) is
convertible into,
or entitles the holder to receive 
upon its exercise, a security that confers
such a right to

vote. A general partnership interest is a voting security.

    (f) Bids submitted to, and contracts executed by, the 
county may require
a
certification by the bidder or contractor 
that the bidder or contractor is not
barred from
bidding for or 
entering into a contract under this Section and that the 
bidder
or contractor
acknowledges that the county may declare 
the contract void if the certification
completed
pursuant to 
this subsection (f) is false.

(Source: P.A. 95-331, eff. 8-21-07; 96-170, eff. 1-1-10.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.